Shelton

United States v. Shelton

Good Law
193 F. App'x 711
United States Court of Appeals for the Ninth CircuitJuly 28, 2006No. 05-10275California321 words

Opinion

Lead Opinion

MEMORANDUM **

Austin J. Shelton appeals from the 100-month sentence imposed upon remand from this court. He was convicted by a *712 jury of wire fraud, in violation of 18 U.S.C. § 1343 , bribery, in violation of 18 U.S.C. § 666 (a)(1)(B), conspiracy to restrain trade, in violation of 15 U.S.C. § 3 and 18 U.S.C. § 2 , and conspiracy to launder money, in violation of 18 U.S.C. § 1956 (h). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Shelton contends that the district court should have used a higher standard of proof when imposing the sentencing enhancements for leadership role and obstruction of justice. We conclude that, looking at the totality of the circumstances, the sentencing enhancements did not have a disproportionate impact on the sentence. See United States v. Jordan, 256 F.3d 922, 928 (9th Cir.2001); see also United States v. Peyton, 353 F.3d 1080, 1089 (9th Cir.2003); United States v. Johansson, 249 F.3d 848, 855-56 (9th Cir.2001).

The district court did not err by finding that Shelton played a leadership role in all aspects of the scheme, which foreseeably involved more than five people in total. See United States v. Riley, 335 F.3d 919, 929 (9th…

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