Madrigal
United States v. Madrigal
Opinion
Lead Opinion
MEMORANDUM **
Appellant-Defendant Elizabeth Madrigal appeals the sentence imposed following her guilty plea to charges of conspiracy ( 18 U.S.C. § 371 ), wire fraud ( 18 U.S.C. § 1343 ), and money laundering ( 18 U.S.C. § 1956 (a)(A)(I)). We consider each of her arguments in turn and affirm.
Appellant argues that the district court misapplied U.S.S.G. § 2Bl.1(b)(1) by not undertaking an independent calculation of the actual and intended loss associated with Appellant’s wrongdoing, by measuring loss based on the full amount of the loans charged without subtracting all funds received by the United States Department of Housing and Urban Development (HUD) offsetting some of the loss, and by incorrectly finding that Appellant had admitted loss amounts at the plea stage. We review the district court’s interpretation and application of the Sentencing Guidelines de novo and its findings of fact for clear error. United States v. Randall, 162 F.3d 557, 560 (9th Cir.1998).
While the district court’s explanation at the sentencing hearing was not a model of clarity, the district court did make clear that it had considered the loss calculations submitted by each of the parties and by the…