Boren

United States v. Boren

Good Law
172 F. App'x 164
United States Court of Appeals for the Ninth CircuitMarch 17, 2006Nos. 04-50214, 04-50269California1,315 words

Opinion

Lead Opinion

MEMORANDUM *

Allan Boren appeals the sentence imposed following his guilty plea and convictions for bank fraud in violation of 18 U.S.C. § 1344 ; false statements to a financial institution in violation of 18 U.S.C. § 1014 ; conspiracy to commit securities fraud, falsification of books and records, conspiracy to commit mail and wire fraud, conspiracy to commit obstruction of justice, and obstruction of justice, in violation of 18 U.S.C. § 371 ; mail fraud in violation *166 of 18 U.S.C. § 1341 ; wire fraud in violation of 18 U.S.C. § 1343 ; concealment of money laundering in violation of 18 U.S.C. § 1956 (a)(1); and subscribing to a false tax return in violation of 28 U.S.C. § 7206 (1).

Boren was sentenced under the 1997 version of the then-mandatory Federal Sentencing Guidelines. However, “[e]ven though the guidelines are no longer mandatory after the Supreme Court’s decision ... in United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the district court should still consult them for advice as to the appropriate sentence[.]” United States v. Kimbrew, 406 F.3d 1149, 1152 (9th Cir.2005). We continue to evaluate whether a district court correctly applied…

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