United States v. Terrance Tucker

MEMORANDUM

Appellants, Terrance Tucker (Terrance) and Sonya Tucker (Sonya) pled guilty to two counts of bank fraud in violation of 18 U.S.C. § 1344 (2)(b). They now assert that the district court did not rule on their objections as to the loss amount, the district court did not adequately explain its reasoning, and that their sentences are unreasonable. Sonya also challenges the district court’s denial of her request for a continuance.

1. When determining monetary loss, the district court may utilize various methods, which do not have to be precise. See United States v. Berger, 587 F.3d 1038, 1045 (9th Cir.2009). The district court based its loss calculation on “[pjresentence reports, all schedules and exhibits submitted by the parties, and the arguments of government counsel at the time of the hearing ...” The evidence upon which the district court relied included financial spreadsheets detailing the amount of loss. Because the district court may employ various methods to determine monetary loss, its estimate of loss was not clearly erroneous. See Berger, 587 F.3d at 1045 .

2. The district court explained that it imposed the sentences because of Terrance and Sonya’s roles in…