United States v. Gerald R. Rehder

995 F.2d 234 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gerald R. REHDER, Defendant-Appellant. No. 92-30345. United States Court of Appeals, Ninth Circuit. Submitted May 25, 1993. * Decided June 2, 1993. Before HUG, WIGGINS, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Gerald R. Rehder appeals his sentence under the Sentencing Guidelines imposed upon his jury conviction of theft of government property, in violation of 18 U.S.C. § 641 . He argues that the district court improperly determined his base offense level under Sentencing Guideline 2B1.1(b)(1), based on a loss exceeding $5,000 but less than $10,000, because it erred in calculating the amount of the loss to the government based on the market value of the trees taken. 3 Rehder's claim is meritless. The guidelines instruct the court to look to the amount of loss, which is defined as the value of the property taken. U.S.S.G. § 2B1.1 comment. (n. 2)…