United States v. Elve

115 F. App'x 310
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 16, 2004
Docket04-1176
StatusUnpublished
Cited by3 cases

This text of 115 F. App'x 310 (United States v. Elve) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Elve, 115 F. App'x 310 (6th Cir. 2004).

Opinion

FARRIS, Circuit Judge.

We understand but reject Elve’s argument that the district court erred in enhancing his sentence by two levels for more than minimal planning. An enhancement for more than minimal planning is warranted if a defendant takes significant affirmative steps to conceal his offense. Here, Elve provided false information on his loan application and thereby concealed that he had illegally obtained the HUD-owned property. He also provided his bank with a false warranty deed, which incorrectly showed that he had purchased the property for $70,000. The district court did not commit clear error in concluding that Elve took significant steps to avoid detection of his crime.

AFFIRMED.

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Related

Elve v. United States
544 U.S. 947 (Supreme Court, 2005)
Billingslea v. United States
544 U.S. 946 (Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
115 F. App'x 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-elve-ca6-2004.