United States v. Dyke

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4002 JOHN PAUL DYKE, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CR-01-82) Submitted: May 7, 2002 Decided: May 21, 2002 Before WIDENER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. COUNSEL Carolyn Virginia Grady, EPPERLY, FOLLIS & SCHORK, P.C., Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, John S. Davis, Assistant United States Attorney, Peter B. Baruch, Special Assistant United States Attorney, Richmond, Vir- ginia, for Appellee. 2 UNITED STATES v. DYKE Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: John Paul Dyke appeals his 108-month sentence imposed after a guilty plea to wire fraud, in violation of 18 U.S.C. § 1343 (1994) and money laundering, in violation of 18 U.S.C. § 1957 (1994). We find the district court properly sentenced Dyke and affirm. Dyke contends the district court erred in imposing a two-level enhancement pursuant to United States Sentencing Guidelines Man- ual § 2F1.1(b)(7) (1998) based on its finding that his fraudulent con- duct involved the reckless risk of serious bodily injury and in imposing a four-level enhancement under §§ 3A1.1(b)(1) and (b)(2) for an offense involving a large number of unusually vulnerable vic- tims. We review the district court’s factual determinations for clear error. See United States v. Turner, 102 F.3d 1350, 1357-58 (4th Cir. 1996). Given the circumstances of Dyke’s offense, we find the district court did not clearly err in applying the enhancements. See United States v. Singh, 54 F.3d 1182, 1191 (4th Cir. 1995). Dyke also challenges the district court’s seven-level upward depar- ture for non-monetary loss and extreme conduct. We find the district court did not error in departing upward seven levels. See United States v. Bonetti, 277 F.3d 441, 449 (4th Cir. 2002); United States v. Rybicki, 96 F.3d 754, 757 (4th Cir. 1996). Accordingly, we affirm Dyke’s 108-month sentence. We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED