2011 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-15-2011

USA v. Ruth Arnao

Precedential or Non-Precedential: Precedential

Docket No. 09-3390

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2011

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2011 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Ruth Arnao" (2011). 2011 Decisions. Paper 425.

http://digitalcommons.law.villanova.edu/thirdcircuit_2011/425
PRECEDENTIAL

IN THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

Nos. 09-3388, 09-3389

_____________

UNITED STATES OF AMERICA,

Appellant/Cross-Appellee,

v.

VINCENT J. FUMO,

 Appellee/Cross-Appellant. 

_____________

No. 09-3390

_____________

UNITED STATES OF AMERICA,

Appellant,

v.
RUTH ARNAO,

Appellee.

_____________

On Appeal from the District Court

for the Eastern District of Pennsylvania

(No. 06-CR-00319)

District Judge: Honorable Ronald L. Buckwalter

Argued May 25, 2011

Before: FUENTES, GARTH, NYGAARD, Circuit Judges

(Opinion Filed: August 23, 2011)

Zane David Memeger, Esq.

Robert A. Zauzmer, Esq. [ARGUED]

John J. Pease, Esq.

Office of United States Attorney

615 Chestnut Street, Suite 1250

Philadelphia, PA 19106

Counsel for Appellant/Cross-Appellee

Samuel J. Buffone, Esq. [ARGUED]

BuckleySandler LLP

1250 24th Street NW, Suite 700

Washington, D.C. 20037

Peter Goldberger, Esq.

50 Rittenhouse Place
Ardmore, PA 19003

Counsel for Appellee/Cross-Appellant Fumo

Patrick J. Egan, Esq. [ARGUED]

Eric E. Reed, Esq.

Fox Rothschild LLP

2000 Market Street, 10th Floor

Philadelphia, PA 19103

Counsel for Appellee Arnao

ORDER AMENDING OPINION

FUENTES, Circuit Judge

IT IS HEREBY ORDERED that the Opinion filed on 

August 23, 2011 shall be amended. A new footnote #12 will 

be inserted on page number 59 at the end of the second 

paragraph under Section A. The text of the footnote is as 

follows:

Arnao also joins in Fumo’s arguments opposing the 

Government’s contention that the District Court erred in 

failing to apply a 2-level sophisticated means enhancement 

with regard to the Citizens Alliance fraud. Because we find 

that the District Court abused its discretion in ruling that the 
Citizens Alliance fraud did not involve the use of 

sophisticated means, the same finding of abuse of discretion 

applies in Arnao’s sentence. Accordingly, the 2b1.1(b)(9)(C) 

additional enhancement of 2 levels applies in the Guideline 

calculation for Arnao as well as Fumo.

The numbering of all subsequent footnotes shall be adjusted 

accordingly.

IT IS FURTHER HEREBY ORDERED that the 

opinion shall be amended to delete the next to last sentence in 

Section A on page 59 that reads “Because these revised 

calculations create a loss that is greater than $1,000,000, 

Arnao will receive a 2-level increase in her base offense level 

under § 2B1.1(b)(I)” , and replace it with the following 

sentence:

“Because these revised calculations create a loss that is 

greater than $1 million, Arnao will receive an additional 2-

level increase (thereby totaling 16 levels) in her base offense 

level under §2B1.1(b)(I).”

By the Court,

/s/ Julio M. Fuentes

Circuit Judge
DATED: September 15, 2011

tmk/cc: Peter Goldberger, Esq.

 Dennis J. Cogan, Esq.

 Samuel J. Buffone, Esq.

 Robert A. Zauzmer, Esq.

 John J. Pease, III, Esq.

 Edwin J. Jacobs, Jr., Esq.

Stephen F. Funk, Esq.

 Patrick J. Egan, Esq.