United States of America v. Mark Roy Anderson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARK ROY ANDERSON,
Defendant - Appellant.
No. 12-50255
D.C. No. 2:11-cr-00199-PA-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted March 3, 2014 **
Pasadena, California
Before: BYBEE, BEA, and IKUTA, Circuit Judges.
Mark Roy Anderson appeals the sentence entered by the district court upon
conviction following his guilty plea. We affirm. The district court correctly
considered the evidence, which was sufficient to support the plea of guilty and all
FILED
MAR 13 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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of the sentencing determinations. Even apart from defense counsel’s concessions,
the presentence report, FBI investigation reports, and the records from the SEC
enforcement action in the district court for the Northern District of Texas provided
adequate evidence from which the sentencing court could determine that Anderson
caused over $7 million in losses to over ten victims, and that he also violated the
Texas district court’s injunction by committing further securities fraud and offering
penny stocks. There was also sufficient evidence from the check Anderson gave to
his wife to support his conviction for violating 18 U.S.C. § 1957. Additionally,
there was no breach of the plea agreement because the victim was permitted to
speak at the sentencing hearing per the Crime Victims’ Rights Act, 18 U.S.C.
§ 3771. Finally, the district court’s sentence was within the correct guidelines
range and was reasonable. See Gall v. United States, 552 U.S. 38, 40 (2007).
AFFIRMED.

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