United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 12, 2006
Charles R. Fulbruge III
Clerk
No. 05-51524
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENJAMIN RODRIGUEZ CALDERON,
Defendant-Appellant.
consolidated with
No. 06-50264
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENJAMIN CALDERON,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:99-CR-68-ALL
USDC No. 5:05-CR-2
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Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 05-51524
c/w No. 06-50264
-2-
Benjamin Rodriguez Calderon pleaded guilty, without a plea
agreement, on April 25, 2005, to a four-count indictment charging
him with uttering counterfeit checks in violation of 18 U.S.C.
§ 513(a). Rodriguez Calderon argues that the district court
erred by imposing a two-level adjustment for sophisticated means
under U.S.S.G. § 2B1.1(b)(9)(C). He argues that printing checks
using a computer program available for purchase by anyone at a
local office supply store, sending a check in the mail to
purchase coins, and walking a check into a financial institution
to open an account did not constitute sophisticated means. Even
though certain aspects of Rodriguez Calderon’s scheme were not
sophisticated, the offense as a whole involved sophisticated
means. See United States v. Clements, 73 F.3d 1330, 1340 (5th
Cir. 1996). Rodriguez Calderon has failed to show that the
district court erred in imposing a two-level increase based on
his use of sophisticated means during the offense.
AFFIRMED.