Manning

United States v. Manning

Good Law
286 F. App'x 475
United States Court of Appeals for the Ninth CircuitJuly 31, 2008No. 06-50157California304 words

Opinion

Lead Opinion

MEMORANDUM **

Mickey Lynn Manning appeals from the 63-month sentence imposed following her guilty-plea conviction for conspiracy, in violation of 18 U.S.C. § 371 , and computer fraud, in violation of 18 U.S.C. § 1030 (a)(5)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We vacate remand.

Manning contends that her guilty-plea was rendered involuntary because she was not sentenced pursuant to an agreement to set her total offense level at 23. We conclude that a plain reading of the plea agreement demonstrates that there was no such agreement and that her plea was knowing and voluntary. See United States v. Schuman, 127 F.3d 815, 817-18 (9th Cir.1997) (per curiam); see also United *476 States v. Nguyen, 235 F.3d 1179, 1182-83 (9th Cir.2000).

Manning also contends that there was insufficient evidence to demonstrate that she was an organizer under U.S.S.G. § 3B1.1. We conclude that the district court did not err when it determined that Manning was an organizer. See United States v. Garcia, 497 F.3d 964, 969-70 (9th Cir.2007).

Additionally, Manning contends that the district court procedurally erred when it failed to address the sentencing factors contained in 18 U.S.C. §…

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