United States v. Joseph M. Palomba

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joseph M. PALOMBA, Defendant-Appellant. No. 91-10167. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 5, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Joseph M. Palomba appeals his sentence, following conviction in a jury trial, for two counts of mail fraud in violation of 18 U.S.C. § 1341 , four counts of wire fraud in violation of 18 U.S.C. § 1343 , and one count of giving false statements to a federal agency in violation of 18 U.S.C. § 1001 . He was sentenced to 71 months imprisonment and three years supervised release. Palomba contends that the district court erred by including both actual and unrealized losses in its calculation of loss resulting from Palomba's actions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's…