United States of America v. Chad M. Elve

*The Hon. Jerome Farris, United States Circuit Judge for the Ninth Circuit, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 04a0166n.06
Filed: December 16, 2004
04-1176
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHAD M. ELVE,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
MICHIGAN
Before: SILER, SUTTON, and FARRIS,* Circuit Judges.
FARRIS, Circuit Judge. We understand but reject Elve’s argument that the
district court erred in enhancing his sentence by two levels for more than minimal
planning. An enhancement for more than minimal planning is warranted if a
defendant takes significant affirmative steps to conceal his offense. Here, Elve

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provided false information on his loan application and thereby concealed that he had
illegally obtained the HUD-owned property. He also provided his bank with a false
warranty deed, which incorrectly showed that he had purchased the property for
$70,000. The district court did not commit clear error in concluding that Elve took
significant steps to avoid detection of his crime.
AFFIRMED.

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