United States v. Manuel Manago

77 F.3d 491 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Manuel MANAGO, Defendant-Appellant. No. 95-10240. United States Court of Appeals, Ninth Circuit. Submitted Feb. 14, 1996. * Decided Feb. 16, 1996. Before: SCHROEDER, D.W. NELSON, and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Manuel Manago appeals from the district court's judgment of conviction. Manago asserts that the court committed the following errors: (1) it used intended instead of probable loss in calculating the offense level, (2) it ordered Manago to pay restitution for expenses incurred in the course of the investigation, and (3) it prohibited Manago from gambling or frequenting gambling establishments during the course of his probation. We affirm the court's judgment. INTENDED LOSS 3 The court properly used intended loss to calculate Manago's offense level. This court has established that 4 to base an upward adjustment on a "loss," the government need…