Cortes-Correa
United States v. Cortes-Correa
Opinion
Lead Opinion
MEMORANDUM **
Leonel Cortes-Correa appeals the 38-month sentence imposed following his guilty plea conviction for three counts of possession of stolen funds in interstate commerce, in violation of 18 U.S.C. §§ 2 & 2315. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.
The district court did not clearly err in finding that Cortes-Correa’s insurance fraud scheme involved sophisticated means because the evidence demonstrates that Cortes-Correa’s scheme was significantly more complex or intricate than an ordinary insurance fraud scheme. See U.S.S.G. § 2F 1.1(b)(6)(C), cmt. n. 18; cf. United States v. Montano, 250 F.3d 709, 714-15 (9th Cir.2001).
The district court did not clearly err in finding that Cortes-Correa failed to fully accept responsibility for his offense where he attempted to interfere with the prosecution of his alleged co-conspirator and failed to assist authorities in recovering the fruits of his insurance fraud scheme. See U.S.S.G. § 3E1.1, comment, n. 1(c) & (e), and n. 4 (explaining that obstructing and impeding administration of justice ordinarily negates acceptance of responsibility).