Sehm

United States v. Sehm

Good Law
213 F. App'x 572
United States Court of Appeals for the Ninth CircuitDecember 19, 2006No. 05-30513California567 words

Opinion

Lead Opinion

MEMORANDUM ***

On June 14, 2005, Bruce Sehm pled guilty to one count of making a false statement on a loan application. The district court sentenced Sehm to 30 months in prison, a sentence at the low end of the applicable Guideline range. Sehm now challenges the sentence he received, arguing that 1) the court failed to find facts *573 that enhanced his sentence beyond clear and convincing evidence, as required by the disproportionate impact test; 2) he was entitled to an additional one-point reduction for acceptance of responsibility; 3) the court impermissibly applied the Guidelines in mandatory fashion; and 4) the sentence imposed by the court was unreasonable. We reject each of appellant’s arguments and affirm.

With respect to Sehm’s first argument, appellant accurately characterizes the law, but misstates its application to his case. If a factual finding will exert a disproportionate impact on the ultimate sentence, the district court must establish that fact by clear and convincing evidence. United States v. Staten, 466 F.3d 708, 720 (9th Cir.2006). However, Sehm conceded each of the relevant facts in his supplemental sentencing memorandum and then admitted to them at his…

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