United States v. Richard Lopez

Good Law
64 F.3d 1425·95 Daily Journal DAR 12291·1995 WL 535023·1995 U.S. App. LEXIS 25608·95 Cal. Daily Op. Serv. 7204
United States Court of Appeals for the Ninth CircuitSeptember 12, 199594-50066California521 words

Opinion

Opinion

ORDER

I.

Richard Lopez was convicted of conspiring to steal a large shipment of cigarettes and aiding and abetting the theft. 18 U.S.C. §§ 371 , 659. We affirmed in an unpublished memorandum disposition. On a motion for court-appointed counsel and an extension of time to file a second petition for rehearing, Lopez argues, inter alia, that the district court (1) failed to determine the cigarettes’ value as required by Fed.R.Crim.P. 32(c)(3)(D), and (2) erred in sentencing Lopez based on the cigarettes’ retail, rather than wholesale, value.

II.

The district court ruled on the cigarettes’ value, and adopted the retail measure — almost one million dollars. Thus, the district court satisfied Fed.R.Crim.P. 32(c)(3)(D). United States v. Rosales, 917 F.2d 1220, 1222 (9th Cir.1990).

III.

Under Section 2Bl.l(b)(l) of the Sentencing Guidelines, the offense level depends on the value of the “loss.” United States Sentencing Commission, Guidelines Manual § 2Bl.l(b)(l) (Nov. 1993). The Commentary to the Guidelines defines loss as

USSG § 2B1.1, comment, (n. 2). Moreover, “the loss need not be determined with precision.” USSG § 2B1.1, comment, (n.3). Rather, “[t]he court need only make a…

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