United States v. Sharon Smith Favinger

52 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Sharon Smith FAVINGER, Defendant-Appellee. No. 94-10351. United States Court of Appeals, Ninth Circuit. Submitted April 5, 1995. * Decided April 13, 1995. Before: BRUNETTI, THOMPSON and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 The government appeals Sharon Smith Favinger's sentence of six months home detention. The government contends the district court erred in failing to adopt the government's calculation of the amount of loss in applying the fraud guideline, Sec. 2F1.1. 1 The government also contends the district court erred in departing downward five points pursuant to Sec. 5K2.0. We reject these contentions and affirm. I. 3 The government bears the burden of proving by a preponderance of the evidence the amount of loss caused by the defendant's fraud. United States v. Howard, 894 F.2d 1085, 1090 (9th Cir.1990) (government has burden of establishing facts…