Olawale

MEMORANDUM **

Richard Olawale appeals his sentence for numerous identity theft, bank fraud and money laundering convictions. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a) and affirm.

Olawale argues that the district court should have grouped the identity theft/ bank fraud counts with the money laundering counts under United States Sentencing Commission, Guidelines Manual, § 3D1.2 (Nov.2000). However, the district court properly separated the fraud/identity theft and money laundering counts into two groups when it applied the 2000 guidelines. See United States v. Martin, 278 F.3d 988, 1003 (9th Cir.2002) (as amended); United States v. Syrax, 235 F.3d 422, 425-26 (9th Cir.2000).

Olawale argues that the district court erred in finding that the amount of loss caused by the identity theft/bank fraud was $1.3 million. Even assuming (without deciding) that Olawale is right, it makes no difference. The amount of loss for identity theft/bank fraud could have been zero; it wouldn’t have helped him. The adjusted offense level for money laundering still would have been 28, and because that level was higher than any adjusted offense level for identity theft/bank…