FILED
NOT FOR PUBLICATION SEP 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50343
Plaintiff - Appellee, D.C. No. 2:12-cr-00961-GAF-1
v.
MEMORANDUM*
ERIC LOPEZ-SALAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted August 25, 2014**
Pasadena, California
Before: O’SCANNLAIN and RAWLINSON, Circuit Judges, and RAKOFF,
Senior District Judge.***
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Jed S. Rakoff, Senior District Judge for the United
States District Court for the Southern District of New York, sitting by designation.
Eric Lopez-Salas appeals the sentence imposed by the district court, following
his guilty plea to making a false statement within the jurisdiction of the federal
government, in violation of 18 U.S.C. § 1001. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
The district court did not clearly err in finding that the uncharged acts of fraud
constituted relevant conduct for the purpose of calculating the offense level, because
the charged conduct and uncharged acts of fraud were part of a common scheme
connected by a common purpose and featuring the same actors. See United States v.
Tulaner, 512 F.3d 576, 578-79 (9th Cir. 2008).
AFFIRMED.