Chua

MEMORANDUM **

*738 This appeal arises from Jorge Chua’s conviction for mail fraud under 18 U.S.C. § 1341 . Chua argues that there was insufficient evidence for the jury to convict him and that the district court improperly enhanced his sentence for obstruction of justice. We affirm.

I.

In 1995, Chua opened a recycling center called 168 America Recycling Company in Carson, California. The California Department of Conservation (“DOC”) later learned that Chua was participating in an illegal scheme to defraud the California Beverage Container Recycling Fund (“the Fund”). Investigators from the DOC and the Los Angeles District Attorney’s office began surveilling Chua and in August 1997, obtained and executed search warrants for his home and business. During the search, officers found shredded documents in the waste basket in Chua’s office. The shredder was covered by a newspaper and a child’s painting.

Investigators reconstructed two types of documents from the waste basket. First, it contained “top sheets” of recent customer receipts which should have been provided to the customers. Investigators concluded that the top sheets were consistent with the creation of fraudulent…