United States of America, Plaintiff-appellee, v. Steven Ray Young, Defendant-appellant, 42 F.3d 1407 (10th Cir. 1994)

Defendant-appellant Steven Ray Young pleaded guilty to one count of conspiracy to commit wire fraud, 18 U.S.C. 371, and one count of wire fraud, 18 U.S.C. 1343 and 2, in connection with a prison scheme to obtain funds from readers of Christian singles magazines. Defense counsel has filed an Anders brief, 386 U.S. 738 (1967), claiming that the district court erred in not granting a two-point downward adjustment for Mr. Young's role in the offense as a minor participant, U.S.S.G. 3B1.2(b). Our jurisdiction arises under 28 U.S.C. 1291 and 18 U.S.C. 3742(a), and we affirm.

As an initial matter, Mr. Young never objected below on this ground; consequently, the claim is waived. See Fed. R. Crim. P. 32(c) (3) (D); United States v. Deninno, 29 F.3d 572, 580 (10th Cir. 1994); United States v. Roederer, 11 F.3d 973, 980-81 (10th Cir. 1993) (findings determination required upon proper objection). The district court's comment that Mr. Young was "a willing dupe" in this scheme does not minimize his responsibility in this scheme to "cheat these little old ladies out of money." III R. 8. On this record, the district court's failure to characterize Mr. Young as a minor participant is neither clearly erroneous nor plain error. See United States v. Telman, 28 F.3d 94, 97 (10th Cir. 1994); United States v. Montoya, 24 F.3d 1248, 1249 (10th Cir. 1994).

AFFIRMED.