United States v. Ruslan Kirilyuk

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10447 Plaintiff-Appellee, D.C. No. v. 2:14-cr-00083-JAM-

RUSLAN KIRILYUK, OPINION

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted June 18, 2021 San Francisco, California

Filed April 1, 2022

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Douglas L. Rayes, * District Judge.

Opinion by Judge Bumatay; Dissent by Judge Bress

* The Honorable Douglas L. Rayes, United States District Judge for the District of Arizona, sitting by designation. SUMMARY **

Criminal Law

The panel vacated a sentence and remanded for resentencing in a case in which a jury convicted the defendant of 28 felonies, the bulk of which were wire and mail fraud counts, in connection with a complex fraud conspiracy involving over 120,000 stolen American Express cards.

The defendant contended that the district court erred in calculating loss based on Application Note…