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U.S. v. Stolee

United States Court of Appeals, Eighth Circuit
Apr 16, 1999
172 F.3d 630 (8th Cir. 1999)

Summary

holding that a defendant indirectly derives funds when he causes them to be distributed in a manner that inures to his benefit

Summary of this case from U.S. v. Gharbi

Opinion

No. 98-3198

Submitted: March 9, 1999

Decided: April 16, 1999

Appeal from the United States District Court for the District of Minnesota.

Counsel who presented argument on behalf of the appellant was Virginia J. Villa of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Francis J. Magill, AUSA, of Minneapolis, MN.

Before FAGG, LAY, and WOLLMAN, Circuit Judges.


Christopher James Stolee pled guilty to bank fraud in violation of 18 U.S.C. § 1344. At sentencing, the district court applied a five-level enhancement pursuant to U.S.S.G. § 2F1.1(b)(6)(B) which provides for enhancement if the defendant's offense "affected a financial institution and the defendant derived more than $1,000,000 in gross receipts from the offense." He was sentenced to twenty-four months imprisonment and five years supervised release. United States Sentencing Commission, Guidelines Manual, § 2F1.1(b)(6)(B) (Nov. 1997). Stolee appeals his sentence and we affirm.

The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, presiding.

We review the district court's interpretation of the sentencing guidelines de novo. United States v. Maggard, 156 F.3d 843, 848-49 (8th Cir. 1998), cert. denied, 119 S. Ct. 1094 (1999). Stolee first argues that because the $1,000,000 involved in the offense went to Stolee Communications Inc. ("SCI") and not to him personally, the enhancement does not apply. We disagree. U.S.S.G. § 2F1.1 comment (n. 16) states that "[g]ross receipts from the offense" includes all property "obtained directly or indirectly" from the offense. Stolee was the sole owner and president of SCI. As a result of this position, Stolee arranged for the funds to be deposited into an account he controlled, and he directed how the funds were used. We find that, as such, he indirectly benefitted from the illegally derived funds. See United States v. Kohli, 110 F.3d 1475, 1477-78 (9th Cir. 1997) (holding that "gross proceeds" includes funds controlled by the defendant); United States v. Bennett, 161 F.3d 171, 192-93 (3rd Cir. 1998) (upholding the enhancement for a defendant who transferred the money to businesses in which he possessed a one hundred percent interest).

Stolee once again relies on U.S.S.G. § 2F1.1 comment (n. 16) for his second argument that the enhancement should not be applied to him. Application Note 16 provides in pertinent part: "`[t]he defendant derived more than $1,000,000 in gross receipts from the offense,' as used in subsection (b)(6)(B), generally means that the gross receipts to the defendant individually, rather than to all participants, exceeded $1,000,000." Stolee argues that because the corporation was a "participant" in the offense, and the enhancement does not attribute funds received by other participants in the crime to a defendant, the enhancement was erroneously applied to him. We are not persuaded by this argument. SCI was not a separate participant in this offense, but only the legal entity through which Stolee committed the offense.

Based on the forgoing analysis, the judgment of the district court is affirmed.


Summaries of

U.S. v. Stolee

United States Court of Appeals, Eighth Circuit
Apr 16, 1999
172 F.3d 630 (8th Cir. 1999)

holding that a defendant indirectly derives funds when he causes them to be distributed in a manner that inures to his benefit

Summary of this case from U.S. v. Gharbi

holding that enhancement was properly applied even though money in question was transferred to a company of which defendant was sole owner and president because he indirectly benefitted

Summary of this case from U.S. v. Maack

upholding the district court's application of section 2F1.1(b)(B) to a defendant who was the sole owner and president of the corporation that received the fraudulently obtained funds

Summary of this case from U.S. v. Pendergraph

affirming enhancement because, as the sole owner and president of the company, the defendant "arranged for the funds to be deposited into an account he controlled, and he directed how the funds were used" and therefore "indirectly benefitted from the illegally derived funds"

Summary of this case from U.S. v. Colton

applying the bank fraud enhancement from the Sentencing Guidelines and holding that the defendant indirectly obtained funds deposited into a corporation solely owned by the defendant

Summary of this case from United States v. Cano-Flores
Case details for

U.S. v. Stolee

Case Details

Full title:United States of America, Plaintiff-Appellee, v. Christopher J. Stolee…

Court:United States Court of Appeals, Eighth Circuit

Date published: Apr 16, 1999

Citations

172 F.3d 630 (8th Cir. 1999)

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U.S. v. Colton

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