United States v. Ronnie Fekrat

MEMORANDUM

Defendant-Appellant Ronnie Fekrat appeals the district court’s imposition of a thirty-six month sentence of imprisonment after a jury convicted him on one count of unauthorized use of an access device, in violation of 18 U.S.C. § 1029 (a)(2), and one count of conspiracy to commit the same, in violation of 18 U.S.C. § 371 . Fekrat contends that the district court erred in calculating his loss amount under U.S.S.G. § 2Bl.l(b)(l).

We affirm. The district court’s “[fjactual findings, including the calculation of the victim’s loss, are reviewed for clear error.” United States v. Tulaner, 512 F.3d 576, 578 (9th Cir.2008). The court did not clearly err in finding that Fekrat intended to cause losses totaling $1,237,298. See U.S.S.G. § 2B1.1 cmt. n. 3(A) (noting that “loss is the greater of actual loss or intended loss”). There was ample evidence that Fekrat initiated fraudulent credit card charges in this amount using the electronic merchant terminal of his co-conspirator, Chris Johnson. See id. cmt. n. 3(F)(i) (“In a case involving any counterfeit access device or unauthorized access device, loss includes any unauthorized charges made with the counterfeit access device or…