Rojas
United States v. Rojas
Opinion
Lead Opinion
*326 MEMORANDUM **
Cenobio Rojas appeals from a sentence of 37 months imposed by the district court. Rojas plead guilty and was convicted of 10 counts of wire fraud ( 18 U.S.C. § 1343 ).
The court did not err in calculating the loss amount for purposes of fixing the offense level and determining restitution. The court relied on the sales prices adjusted to reflect Rojas’ concerns about fair market value. See United States v. Davoudi, 172 F.3d 1130 (9th Cir.1999). The adjustment used was sufficient, as the other suggested adjustments would not have been consistent with the applicable legal standards. Rojas’ other concerns are not borne out by the record.
The court did not err by increasing the offense level for Rojas’ role in the offense. See United States Sentencing Commission, Guidelines Manual, § 3Bl.l(a) (Nov. 1997). The undisputed evidence, including Rojas’ admissions and stipulations in his plea agreement and the Rule 11 colloquy, establishes that Rojas was a key player in the crime, even if he was not the only key player or for that matter the “kingpin.” The evidence also establishes that the enterprise was “otherwise extensive,” regardless of the number of participants.…