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United States v. Kelvin Manrich, 4th Cir. (2014)
United States v. Kelvin Manrich, 4th Cir. (2014)
No. 13-4807
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:11-cr-00122-CCB-20)
Submitted:
Decided:
October 7, 2014
PER CURIAM:
Kelvin
Quade
Manrich,
former
officer
with
the
imposed
remanded
his
after
case
we
for
vacated
his
resentencing.
original
See
sentence
United
and
States
v.
The
the
sentencing
loss
purposes.
amount
See
attributable
U.S.
to
Sentencing
Manrich
Guidelines
for
Manual
five
days
of
trial
testimony,
Manrich
under
color
of
official
right,
money
and
other
property from Hernan Alexis Moreno and Edwin Javier Mejia, who
jointly
owned
and
operated
Majestic
Auto
Repair
Shop,
LLC,
overarching
purpose
of
underlying
conspiracy
was
to
by
positions
bribing
and
police
influence
officers
to
cause
2
to
use
vehicles
their
to
be
official
towed
or
otherwise
delivered
to
repair.
(J.A. 14). 1
Majestic
for
automobile
services
and
a BPD officer
encourage
the
vehicle
owner
to
have
Majestic
tow
the
in the accident.
also
repair
resulting
pre-existing
from
the
damage
accident.
and/or
Majestic
add
to
would
the
then
damage
submit
an
because
extortion.
applied
See
an
USSG
the
USSG
2C1.1(a)(1).
offense
involved
2C1.1(b)(1).
eight-level
increase
This
more
The
was
increased
than
one
probation
because
the
two
bribe
or
officer
then
foreseeable
loss
$120,000.
This
was
Citations to the
submitted by the parties.
specific
J.A.
refer
offense
to
the
characteristic
joint
appendix
substantiate
the
loss
determination,
FBI
Agent
that
he
had
consulted
with
insurance
Guynn also
adjusters
to
The
The
sentencing
court
need
only
make
reasonable
States v. Keita, 742 F.3d 184, 192 (4th Cir. 2014) (recognizing
that the loss amount need not be determined with precision
(internal
$49,000
quotation
in
marks
fraudulent
omitted)).
insurance
Added
claims
are
to
the
the
nearly
kickbacks
advances
three
arguments
to
undermine
this
hearing.
But
any
concerns
regarding
Morenos
States v. Hamilton, 701 F.3d 404, 410 (4th Cir. 2012), cert.
denied, 133 S. Ct. 1838 (2013).
3
Finally,
Manrich
asserts
that
the
fraudulently
loss
claims
amount.
were
agreements
100%
entered
Guynns
determination
fraudulent
into
by
is
these
that
of
these
with
the
plea
co-conspirators.
On
this
consistent
both
$120,000,
which
supported
the
eight-level
increase
in