United States v. Saleem Khan

MEMORANDUM

Saleem Khan appeals the sentence and restitution award imposed by the district court on the grounds that the Government failed to present, sufficient evidence to meet its burden of proof for determining loss to calculate the sentencing guidelines and for determining restitution. Based on comments made by the district court at sentencing, Khan also seeks remand to a different district judge.

“A calculation of the amount of loss is a factual finding reviewed for clear error.” United States v. Stargell, 738 F.3d 1018, 1024 (9th Cir.2013) (citation omitted) (internal quotation marks omitted). We review a district court’s underlying factual findings supporting an order of restitution for clear error, while the valuation methodology is reviewed de novo. United States v. Fu Sheng Kuo, 620 F.3d 1158, 1162 (9th Cir.2010).

The district court did not err in determining, for purposes of calculating the sentencing guidelines, that the amount of loss Khan caused to E*TRADE Bank was between $200,000.00 and $400,000.00 or in ordering Khan to pay $313,665.98 in restitution.

Khan pled guilty to a fraudulent scheme starting “no later than in or about July 2010.” On July 13, 2010, Khan…