Irwin
United States v. Irwin
Opinion
Lead Opinion
*475 MEMORANDUM
Michael Anthony Irwin appeals the 35 month sentence imposed following a guilty plea to possession of stolen mail in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant to 28 U.S.C. § 1291 ,' and we affirm.
Factual findings made by a sentencing court are reviewed for clear error, United States v. Barnes, 125 F.3d 1287, 1290 (9th Cir.1997), and must be supported by a preponderance of the evidence. United States v. Watts, 519 U.S. 148, 157 , 117 S.Ct. 633 , 136 L.Ed.2d 554 (1997) (per curiam).
Irwin contends that the district court committed clear error by applying a 10-level upward adjustment to his offense level based on its calculation of a total intended loss of over $200,000 dollars. This contention lacks merit because the district court’s calculation of the amount of loss was supported by a preponderance of the evidence. Over $200,000 in stolen checks were recovered at the time and location of Irwin’s arrest along with materials and equipment for the alteration of checks.
Additionally, a number of the stolen checks bore Irwin’s fingerprints, and a co-defendant stated that Irwin took part in the theft of the checks. Accordingly, the sentencing…