United States v. Wendy Espinoza

Eighth Circuit

United States v. Wendy Espinoza

619 F. App'x 567

CourtCourt of Appeals for the Eighth Circuit

DecidedOctober 30, 2015

Docket15-1826

StatusUnpublished

This text of 619 F. App'x 567 (United States v. Wendy Espinoza) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Wendy Espinoza, 619 F. App'x 567 (8th Cir. 2015).

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Opinion

PER CURIAM.

Wendy Espinoza pleaded guilty to wire fraud, in violation of 18 U.S.C. § 1343, and mail fraud, in violation of 18 U.S.C. § 1341, admitting she participated in a scheme that involved extracting payments from illegal immigrants in exchange for false assurances that she could help them obtain legal status. After a lengthy sentencing hearing during which several victims testified, along with a special agent with the Office of the Inspector General of the Social Security Administration, the district court 1 adopted the calculations in the presentence investigation report, varied upward from the advisory Guidelines imprisonment range of 57-71 months, and sentenced Espinoza to concurrent terms of 96 months in prison and 3 years of supervised release on each count. The court also ordered restitution of $541,520. Espinoza appeals, and her counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging Espinoza’s prison term.

Following de novo review of the district court’s application of the Guidelines, and clear error review of its findings of fact, see United States v. Betts, 509 F.3d 441, 445 (8th Cir.2007), we conclude that a preponderance of the evidence supported the district court’s Guidelines calculations with *568 regard to the number of victims and the loss amount, see United States v. Adejumo, 772 F.3d 513, 526 (8th Cir.), cert. denied, — U.S. -, 135 S.Ct. 1869, 191 L.Ed.2d 742 (2015), particularly given that witness credibility is a matter left to the district court, see United States v. Fladten, 230 F.3d 1083, 1086 (8th Cir.2000) (per curiam).

We also find no abuse of discretion m the district court’s decision to impose a sentence above the advisory Guidelines range after express consideration of the sentencing factors. See United States v. Straw, 616 F.3d 737, 743 (8th Cir.2010).

Finally, after conducting independent review under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we grant counsel’s motion to withdraw.

1

. The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

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PER CURIAM.

Wendy Espinoza pleaded guilty to wire fraud, in violation of 18 U.S.C. § 1343, and mail fraud, in violation of 18 U.S.C. § 1341, admitting she participated in a scheme that involved extracting payments from illegal immigrants in exchange for false assurances that she could help them obtain legal status. After a lengthy sentencing hearing during which several victims testified, along with a special agent with the Office of the Inspector General of the Social Security Administration, the district court 1 adopted the calculations in the presentence investigation report, varied upward from the advisory Guidelines imprisonment range of 57-71 months, and sentenced Espinoza to concurrent terms of 96 months in prison and 3 years of supervised release on each count. The court also ordered restitution of $541,520. Espinoza appeals, and her counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), challenging Espinoza’s prison term.

Following de novo review of the district court’s application of the Guidelines, and clear error review of its findings of fact, see United States v. Betts, 509 F.3d 441, 445 (8th Cir.2007), we conclude that a preponderance of the evidence supported the district court’s Guidelines calculations with *568 regard to the number of victims and the loss amount, see United States v. Adejumo, 772 F.3d 513, 526 (8th Cir.), cert. denied, — U.S. -, 135 S.Ct. 1869, 191 L.Ed.2d 742 (2015), particularly given that witness credibility is a matter left to the district court, see United States v. Fladten, 230 F.3d 1083, 1086 (8th Cir.2000) (per curiam).

We also find no abuse of discretion m the district court’s decision to impose a sentence above the advisory Guidelines range after express consideration of the sentencing factors. See United States v. Straw, 616 F.3d 737, 743 (8th Cir.2010).

Finally, after conducting independent review under Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, we affirm, and we grant counsel’s motion to withdraw.

1

. The Honorable Timothy L. Brooks, United States District Judge for the Western District of Arkansas.

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619 F. App'x 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-wendy-espinoza-ca8-2015.

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