Alarcon

MEMORANDUM **

Philip Alarcon appeals his 33-month sentence imposed after conviction by guilty plea of aiding and abetting the interstate transportation of stolen motor vehicles, in violation of 18 U.S.C. §§ 2 and 2312. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Alarcon contends that the district court erred by including two motorcycles as relevant conduct under U.S.S.G. § lB1.3(a)(l), resulting in an incorrect loss amount determination under U.S.S.G. § 2Bl.l(b). We review for clear error a district court’s determination that behavior is “relevant conduct” under the guidelines. United States v. Kahlon, 38 F.3d 467, 470 (9th Cir.1994). We also review for clear error a district court’s determination of the amount of loss at sentencing. United States v. Scrivener, 189 F.3d 944, 949 (9th Cir.1999).

First, Alarcon contends that the government failed to prove by a preponderance of evidence that either the “Mgrdichian” motorcycle was stolen, or even if stolen, that it constituted relevant conduct. We disagree. The district court accepted as credible the testimony of an undercover agent who gave evidence that the motorcycle was stolen. The district court’s…