Lelea
United States v. Lelea
Opinion
Lead Opinion
MEMORANDUM **
In these consolidated appeals, Toma Le-lea appeals from the concurrent 41-month sentences imposed following his guilty-plea conviction for Social Security fraud, in violation of 42 U.S.C. § 1383 (a)(3), and felony theft of public money, in violation of 18 U.S.C. § 641 , and his separate guilty-plea conviction for wire fraud, in violation of 18 U.S.C. § 1341 , and mail fraud, in violation of 18 U.S.C. § 1343 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
Lelea contends that the district court erred by increasing his sentence under U.S.S.G. § 2Bl.l(b)(8)(A) because it did not make a specific factual finding that his offense involved a misrepresentation that he was acting on behalf of a government agency. The record reflects that the district court adopted the findings set forth in the presentence report, and we conclude that the enhancement was properly applied. See U.S.S.G. § 2Bl.l(b)(8)(A).
Lelea next contends that the district court erred by applying a vulnerable victim enhancement pursuant to U.S.S.G. § 3Al.l(b)(l). We conclude that the district court did not clearly err in applying the vulnerable victim enhancement. See United States v. Mendoza,…