United States v. Erico Deoliveira

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
FILED
No. 09-15712 U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APRIL 11, 2011
JOHN LEY
D. C. Docket No. 08-00022-CR-01-JEC-1 CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERICO DEOLIVEIRA,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(April 11, 2011)
Before MARTIN, FAY and BLACK, Circuit Judges.
PER CURIAM:
Erico Deoliveira appeals his sentence of 78 months’ imprisonment, imposed
after he pled guilty to laundering of monetary instruments, in violation of 18
U.S.C. § 1956(a)(3)(B) and (C). Deoliveira argues on appeal the district court
incorrectly calculated his loss amount by including $230,000 in funds based on his
statement to a confidential informant that he had previously laundered that
amount. Deoliveira also argues the district court clearly erred in applying the
U.S.S.G. § 2S1.1(b)(3)(B) enhancement for using sophisticated means to launder
funds, and his sentence is substantively unreasonable.
After careful review of the record and the parties’ briefs, and having the
benefit of oral argument, we affirm Deoliveira’s sentence. The district court did
not clearly err in calculating Deoliveira’s loss amount, which was supported by
corroborating evidence, nor did it clearly err in applying the sophisticated means
enhancement based on Deoliveira’s use of layering. Finally, the district court did
not abuse its discretion by sentencing Deoliveira to a within-guidelines sentence.
AFFIRMED.
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