United States v. Wyche

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT COURT OF APPEALS
U.S.
________________________ ELEVENTH CIRCUIT
JULY 28, 2010
No. 10-10597 JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 0:09-cr-60197-JIC-1
UNITED STATES OF AMERICA,
llllllllllllllllllll Plaintiff-Appellee,
versus
GVON LA QUA WYCHE,
lllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(July 28, 2010)
Before CARNES, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Gvon La Qua Wyche appeals his sentence of 24 months of imprisonment for
conspiring to commit bank fraud. 18 U.S.C. § 371. Wyche challenges the
enhancement of his sentence for his leading role in the offense. United States
Sentencing Guideline § 3B1.1. We affirm.
The district court did not err by applying the aggravating role enhancement.
Wyche orchestrated an extensive conspiracy to commit bank fraud. Id. § 3B1.1(a).
Wyche recruited Leroy Thibou to enlist coconspirators into whose bank accounts
Wyche transferred electronically money owned by the Bank of America. Wyche
controlled the bank accounts, instructed the coconspirators how to withdraw the
proceeds, and disbursed the proceeds. Wyche ordinarily received the largest
percentage of the proceeds.
Even if the district court had erred in enhancing Wyche’s sentence, that
error would have been harmless. The district court stated that it would have
imposed the same sentence regardless of whether the enhancement was applicable.
See United States v. Keene, 470 F.3d 1347, 1348–49 (11th Cir. 2006).
Wyche’s sentence is AFFIRMED.
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