Chau

MEMORANDUM ***

Ut Thi Chau was convicted of bank fraud and sentenced to a term of fifteen months imprisonment and a five-year term of supervised release. She now appeals the judgment finding her in violation of supervised release and imposing a sentence of fifteen months imprisonment and thirty-six months supervised release.

Defendant complains that the district court, in imposing sentence, relied on its belief that defendant failed to disclose her ownership interest in a house and that she had lost more money in gambling than she had admitted. While she was never specifically charged with these violations, defendant raised no objection when the government raised these issues at the revocation/sentencing hearings. Moreover, the court continued the first hearing for thirty days to enable the parties to get the facts about where she got the money for gambling, giving defendant fair warning of the acts which may lead to revocation. United States v. Simmons, 812 F.2d 561, 565 (9th Cir.1987).

Defendant further complains that the court relied entirely on hearsay evidence. Hearsay evidence may be used in sentencing so long as it is accompanied by some minimal indicia of reliability.…