United States v. Todd Hoss

MEMORANDUM

Todd A. Hoss appeals from his ninety-six-month sentence that the district court imposed based on his conviction on five counts of mail fraud in violation of 18 U.S.C. § 1341 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm.

First, the district court did not clearly err in reasonably estimating, as part of the total loss in this case, that the HMI 1, LLC investors’ net loss amounted to approximately $1.6 million.and that Hoss was not due any credit against this loss amount for the sale of the Bellevue, Washington property. See United States v. Stargell, 738 F.3d 1018, 1024 (9th Cir.2013) (“A calculation of the amount of loss is a factual finding reviewed for clear error.” (citation and internal quotation marks omitted)); U.S. Sentencing Guidelines Manual § 2B1.1 cmt. n. 3(C) (2011) (stating a “court need only make a reasonable estimate of the loss” that “shall be based on available information”).

The trial evidence established that, before the sale of the Bellevue property, the HMI 1, LLC investors had lost approximately $1.6 million. The trial evidence also established that, after HMI 1, LLC owned the Believe property, investor…