United States v. Frank Charles Austin

995 F.2d 233 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank Charles AUSTIN, Defendant-Appellant. No. 92-50609. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1993. * Decided May 27, 1993. Before: HUG, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Frank Charles Austin appeals his 24-month sentence imposed following his guilty plea to six counts of mail fraud and two counts of using fictitious names in violation of 18 U.S.C. §§ 1341 and 1342. Austin contends that the district court erred by making an upward adjustment in his United States Sentencing Guidelines offense level based on its finding that the amount of loss exceeded $10,000. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 Austin contends that in determining the amount of loss, the district court should have considered the promotional discounts that he could have received under each contract that he entered…