UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4759
No. 14-4760
Appeals from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:13-cr-00221-JAG-1; 3:14-cr-00066-JAG-1)
Submitted:
Decided:
PER CURIAM:
Billy Gene Jefferson, Jr., pleaded guilty to major fraud
against the United States, in violation of 18 U.S.C. 1031, and
unlawful
1957(a).
pay
monetary
the
Jefferson
in
violation
of
18
U.S.C.
$12,947,886.77
with
transactions,
in
restitution
to
remain
restitution.
order,
on
the
bond
To
facilitate
district
pending
compliance
court
sentencing,
permitted
with
the
threshold.
chartering
flight
Additionally,
to
England,
for
Jefferson
the
purpose
obtained
of
fake
on
Jeffersons
conduct
while
on
release,
he
was
In these consolidated
court
erred
adjustment
in
applying
under
U.S.
two-level
Sentencing
obstruction
Guidelines
of
Manual
reduction
3E1.1(a),
and
for
acceptance
(3)
the
unreasonable.
We affirm.
We
the
review
deferential
of
240-month
reasonableness
abuse-of-discretion
responsibility
sentence
of
standard,
is
under
substantively
sentence
first
USSG
under
ensuring
that
In
United
If we
find
no
procedural
reasonableness
of
the
error,
we
sentence
consider
under
the
of
the
substantive
totality
of
Jeffersons
the
plea
circumstances.
Where
the
sentencing
court
imposed
variant
sentence,
we
to
range.
the
extent
of
the
divergence
from
the
sentencing
release
pending
sentencing.
two-level
obstruction
of
[the]
enhancement
applies
is
not
subject
to
precise
cmt.
qualifying
n.3.
conduct
Included
is
in
conduct
the
nonexhaustive
prohibited
by
USSG
list
of
obstruction
of
justice
provisions
under
Title
18,
United
States
Code,
and
n.4(I)-(J).
Jeffersons
money
transfers,
which
violated
the
court-
convictions
in
Case
No.
3:13-cr-00221-JAG-1,
with
an
order
to
repatriate
property.
Accordingly,
adjustment
is
only
applicable,
however,
where
Cir.
2009)
(when
imposing
an
obstruction
of
justice
the
willfully
record
courts
supports
engaged
in
application
the
the
of
conclusion
obstructive
the
conduct,
adjustment
that
the
the
contains
an
defendant
sentencing
implicit
would
expect
to
obstruct
justice.
United
States v.
the
requirement
district
when
it
court
read
the
acknowledged
the
willfulness
language
the
obstruction
of
in
the
conduct.
Most
notably,
the
district
court
district
with
regarding
courts
the
statements,
grandiose
combined
nature
and
extent
its
of
The
findings
Jeffersons
implicitly
found
that
Jefferson
intended
to
obstruct
obstruction
of
justice
analysis,
7
then
it
also
properly
3C1.1
Justice)
(Obstructing
ordinarily
or
Impeding
indicates
that
the
the
Administration
defendant
has
of
not
Therefore,
18
U.S.C.
3553(a)
factors,
including
the
nature
and
See 3553(a)(1)-(2)(B).
the
variance,
fraudulent
conduct
compatriot
in
while
release
on
Jeffersons
the
by
relying
after
tax
conduct
had
the
fraud
pending
on
on
(1)
arrest
scheme,
and
(2)
sentencing,
the
Jeffersons
sentencing
Jeffersons
and
integrity
continued
(3)
of
the
of
conduct
the
impact
tax
credit
program he defrauded.
We therefore affirm the judgment of the district court.
dispense
with
oral
argument
because
8
the
facts
and
We
legal
contentions
are
adequately
expressed
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED