Lavelle

MEMORANDUM *

Defendant Rita Marie Lavelle appeals her sentence for wire fraud and making false statements, arguing that the district court erred by applying an incorrect version of the Sentencing Guidelines as well as applying the Guidelines in a mandatory fashion. We affirm in part and remand.

Lavelle owned and operated NuTech Enterprises, an environmental consulting business in California. NuTech’s clients included DeNova Environmental, Inc., a hazardous waste storage facility, and Lemco Corporation, whose property was undergoing an environmental cleanup. In 2000, DeNova became financially indebted to NuTech. To satisfy the debt, DeNova’s owner, Robert Cole, schemed with Lavelle to fraudulently obtain a loan from Capital Partners USA, Inc. in exchange for the right to collect DeNova’s future accounts receivables. Lavelle created a false Purchase Order, which made it appear as if Lemco owed DeNova $52,130 for the removal of over 400 barrels of hazardous waste. She submitted the Purchase Order to Capital Partners along with a Continuing Guaranty and Waiver, Credit Application and Bank Information Release, and Security Agreement. She also provided Capital Partners with the…