Partow

United States v. Partow

Good Law
283 F. App'x 476
United States Court of Appeals for the Ninth CircuitJune 19, 2008No. 07-30347California622 words

Opinion

Lead Opinion

*478 MEMORANDUM ***

Kourosh Partow pled guilty to one count of wire fraud and one count of bank fraud. See 18 U.S.C. §§ 1343 , 1344(2). Those arose out of his participation in a scheme to obtain real property loans by the use of fraudulent applications. He appeals the district court’s imposition of sentence and its order of restitution. We affirm.

(1) Partow first objects to the district court’s consideration of losses on two properties—the Briggs property and the Rezanof property—which were not included in the counts of conviction. The district court included those properties on the basis that his actions regarding them constituted relevant conduct because the loans on the properties were made as “part of the same course of conduct or common scheme or plan as the offense[s] of conviction.” USSG § lB1.3(a)(2); 1 see also id. comment, (n.9); United States v. Bussell, 504 F.3d 956 , 962 n. 8 (9th Cir.2007), petition for cert. filed, 76 U.S.L.W. 3557 (U.S. Apr. 3, 2008) (No. 07-1262); United States v. Fine, 975 F.2d 596, 599 (9th Cir.1992) (en banc). The record reflects that the loans on both properties were well 'within the scheme in question 2 and were part of an ongoing series…

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