Tyger

United States v. Tyger

Good Law
240 F. App'x 229
United States Court of Appeals for the Ninth CircuitSeptember 4, 2007No. 06-50357California300 words

Opinion

Lead Opinion

MEMORANDUM **

1. The district court did not plainly err in the performance of its duties under Fed.R.Crim.P. 11. See United States v. Turman, 122 F.3d 1167, 1170 (9th Cir.1997).

2. The district court did not err in imposing a two-level enhancement for *230 abuse of a position of trust. See United States Sentencing Guidelines § 3B1.3 cmt. 1 (1995).

3. Because the district court adequately considered the factors identified in 18 U.S.C. § 3553 (a) (West Supp.2005), the sentence imposed was reasonable. See Rita v. United States, — U.S. -, 127 S.Ct. 2456, 2468-69 , 168 L.Ed.2d 203 (2007).

4. Since the record reflects that the district court appropriately considered Tyger’s ability to pay the ordered restitution, the court did not commit plain error in ordering full restitution. See Victim and Witness Protection Act, 18 U.S.C. §§ 3663-3664 (1995).

5. Because Tyger admitted to facts sufficient to justify the sentence enhancements imposed, the district court’s upward adjustments in the offense level did not violate Tyger’s Sixth Amendment rights. See Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); Blakely v. Washington, 542 U.S. 296, 803 , 124…

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