Linville

United States v. Linville

Good Law
31 F. App'x 551
United States Court of Appeals for the Ninth CircuitMarch 19, 2002No. 01-10443; D.C. No. CR-00-00266-RCCCalifornia527 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Rowe Linville appeals his 27-month sentence imposed following his guilty plea conviction for thirteen counts of mail fraud and two counts of using a fictitious name for the purpose of committing mail fraud, in violation of 18 U.S.C. §§ 1341 and 1342, respectively. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Linville first contends that the district court erred by determining that the amount of loss was $9,022.00, for relevant conduct purposes under U.S.S.G. § 2Fl.l(b)(l). He specifically argues that the amount of loss attributable to his acts was not proven by a preponderance of the evidence because the district court relied upon evidence contained in the presentence report (“PSR”), to which he objected. Reviewing for clear error, United States v. Matsumaru, 244 F.3d 1092, 1106 (9th Cir.2001), we are not persuaded.

So long as the district court resolves any objections at the sentencing hearing, it may then adopt the PSR’s factual conclusions. See United States v. Rosales, 917 F.2d 1220, 1222 (9th Cir.1990), abrogated on other grounds by United States v. Nordby, 225 F.3d 1053, 1059 (9th Cir. 2000). The…

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