United States of America v. Parvin Atabay

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PARVIN ATABAY,
Defendant - Appellant.
No. 10-50159
D.C. No. 2:07-cr-00375-SJO
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
S. James Otero, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Parvin Atabay appeals from the 18-month sentence imposed following her
guilty-plea conviction for five counts of health fraud, in violation of 18 U.S.C.
§ 1347. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
FEB 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50159 2
Atabay contends that the district court erred by applying a three-level
increase, pursuant to U.S.S.G. § 3B1.1(b), based on her role in the offense. The
district court did not clearly err in applying the enhancement for her role in the
offense because, among other things, she owned and managed the clinic where the
fraud occurred, paid and directed the recruiters, advised the marketers to set up
corporations for themselves, and submitted bills containing materially false
statements to the insurance companies. See United States v. Koenig, 952 F.2d 267,
274 (9th Cir. 1991).
Atabay also contends that the district court erred by not making factual
findings supporting the role enhancement. The record reflects that the district
court made adequate factual findings to support the enhancement. See United
States v. Maldonado, 215 F.3d 1046, 1051 (9th Cir. 2000) (“[T]he district court
may, without error, rely on evidence presented in the PSR to find by a
preponderance of the evidence that the facts underlying a sentence enhancement
have been established.”).
AFFIRMED.

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