United States v. Jeffrey Waugh

985 F.2d 577 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeffrey WAUGH, Defendant-Appellant. Nos. 91-10472, 92-10473. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1992. * Decided Feb. 4, 1993. 1 Before O'SCANNLAIN and RYMER, Circuit Judges, and VAN SICKLE, ** District Judge. 2 MEMORANDUM *** 3 Waugh appeals his sentence following a plea of guilty to a number of counts of credit card and bank fraud, and one count of contempt of court. The district court sentenced Waugh to 78 months in prison under the guidelines effective November 1989, fined him $25,000, and ordered him to pay $392,389 in restitution jointly and severally with co-defendants. We reverse and remand for resentencing because the district court calculated Waugh's offense level pursuant to U.S.S.G. § 271.1 (1989) based on the full amount of a fraudulent loan instead of the bank's actual loss, but we affirm with respect to each of the…