Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 10-4130
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:09-cr-00359-GBL-1)
Submitted:
Decided:
February 4, 2011
PER CURIAM:
Following his guilty plea to conspiracy to commit bank
fraud, Leonardo Darnell Zanders was sentenced to 200 months
imprisonment.
to
his
sentence,
all
concerning
court
that
the
calculation
of
his
We affirm.
reviews
sentences
abuse-of-discretion standard.
38, 41 (2007).
the
under
deferential
district
court
committed
no
significant
procedural
Guidelines
range,
treating
the
Guidelines
as
mandatory,
sentence
based
on
clearly
erroneous
facts,
or
failing
Id. at 51.
to
Once we
Id.
applies
reasonable.
presumption
on
appeal
that
the
sentence
is
A four-
To qualify, the
Factors to be
considered include:
the exercise of decision making authority, the nature
of participation in the commission of the offense, the
recruitment of accomplices, the claimed right to a
larger share of the fruits of the crime, the degree of
participation in planning or organizing the offense,
the nature and scope of the illegal activity, and the
degree of control and authority exercised over others.
USSG 3B1.1 cmt. (n.4).
United States v.
Kellam, 568 F.3d 125, 147-48 (4th Cir. 2009), cert. denied, 130
S. Ct. 657 (2009).
In
Government
directed
support
submitted
the
of
the
several
activities
3B1.1(a)
of
documents
several
enhancement,
showing
the
that
Zanders
co-conspirators.
These
with
co-conspirators,
conspirator
who
testified
ultimately
pled
guilty,
at
testimony
Zanders
documentation
3
trial
of
of
another
co-
before
Zanders
airline
tickets
Based on
this evidence, we find that the district court did not clearly
err by finding that Zanders was an organizer or leader of the
conspiracy.
Next, Zanders argues that the district court erred by
determining that he joined the conspiracy in February 2007.
The
2B1.1(b)(1)(I),
the
district
court
Pursuant to
enhanced
Zanders
However, he
However, Zanders
the full range of its activities over the whole period of its
existence.
Cir.
1993).
connection
[T]he
between
evidence
the
need
only
defendant
and
establish
the
slight
conspiracy
to
131
S.
Ct.
271
and
131
S.
Ct.
340
(2010).
of
the
conspiracy
until
July
2007,
we
find
that
the
district court did not clearly err by finding that he joined the
conspiracy in February 2007.
Finally, Zanders claims that the district court erred
by applying a two-level enhancement under USSG 2B1.1(b)(2)(A)
for an offense involving ten or more victims.
The presentence
report
identified
that
losses
as
ten
result
financial
of
the
institutions
conspiracy.
sustained
Zanders
disputes
Government
did
conspirators
who
transactions
at
individuals
by
not
know
conducted
these
nicknames
the
names
some
or
institutions
based
on
of
the
uncharged
all
of
and
referred
their
the
co-
fraudulent
appearance
to
in
these
bank
surveillance photos.
Although the Government did not know the identity of
these suspects, the Government linked them to the conspiracy
5
whose
identifying
bank
surveillance
information
was
stolen
by
known
photographs
matched
photographs
found
conclude
that
the
district
court
did
not
clearly
err
by
and
that
the
losses
suffered
by
the
financial
Furthermore,
to
these
although
individuals
Zanders
is
claims
unknown,
as
that
his
previously
with
oral
argument
because
the
facts
and
We
legal
AFFIRMED