Sentencing; Enhancements based on co-conspirators’ conduct; “Relevant conduct” under USSG § 1B1.3(a)(1)(B); Whether co-conspirators’ actions were “within the scope of the jointly undertaken criminal activity” (§ 1B1.3(a)(1)(B)(i)); United States v Donadeo; Enhancements for theft from the person of another (§ 2B1.1(b)(3)), possession of a dangerous weapon (§ 2B1.1(b)(16)(B)), & physical restraint of a victim (§ 3A1.3); Enhancement for “use of sophisticated means” (§ 2B1.1(b)(10)(C))

[This appeal was from the WD-MI.] The court held that the district court did not err in applying enhancements based on his co-conspirators’ conduct in sentencing defendant-Yousef where their actions “were within the scope of Yousef’s jointly undertaken criminal activity.” The court also upheld application of the sophisticated-means enhancement. A jury convicted Yousef of interstate transportation of stolen goods and conspiracy to transport stolen goods interstate. The district court sentenced him to 109 months. Yousef challenged the procedural reasonableness of his sentence. As to the enhancements for theft from the person of another, possession of a dangerous weapon, and physical restraint of a victim, “Yousef did not personally commit the acts underlying” them – his co-conspirators did. But the district court found their actions attributable to him as “relevant conduct.” The court agreed. Applying the six Donadeo factors, it determined that five of them weighed against Yousef. His “conduct and the robberies were part of a single scheme—that is, to resell stolen cell phones obtained from robberies.” There were enough similarities that the similarity in modus operandi factor favored the government, and evidence showed “extensive coordination among Yousef and other participants in the conspiracy.” Further, he admitted that he knew about the robberies. And he “had significant involvement in” the scheme. The court also rejected his challenge to the two-level enhancement for use of sophisticated means, concluding the evidence supported that “Yousef, using his technical expertise in cell-phone repair, bypassed phone manufacturers’ anti-theft mechanisms to ensure the devices were saleable.” Affirmed.