United States v. Thomas B. Talmage

42 F.3d 1404 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas B. TALMAGE, Defendant-Appellant. No. 92-30172. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 11, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Thomas B. Talmage appeals the 10-month sentence imposed following his plea of guilty to receiving stolen mail in violation of 18 U.S.C. Secs. 1708 , 2. Talmage contends the district court clearly erred by placing the value of loss at $10,000 and sentencing him accordingly. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 We review for clear error a district court's factual finding of the value of loss. United States v. Pemberton, 904 F.2d 515, 516 (9th Cir.1990). The probable or intended, and not the actual, loss is relevant to sentencing. United States v. Mullins, 992 F.2d 1472, 1479 (9th Cir.), cert. denied, 113 S.Ct. 2997 (1993),…