Freiberg

MEMORANDUM *

Howard Freiberg appeals from a sentence imposed by the district court following his guilty plea to twelve counts of mail fraud, in violation of 18 U.S.C. § 1341 , and two counts of wire fraud, in violation of 18 U.S.C. § 1343 , resulting from a fraudulent scheme centered around his ostrich breeding ventures. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, vacate in part, and remand for resentencing.

Freiberg first argues that the district court erred in enhancing his base offense level twelve points, pursuant to U.S.S.G. § 2B1.1, because it failed to offset the aggregate amount Freiberg’s investors lost by any actual value that they may have received from his scheme. Freiberg, however, did not raise this argument at sentencing or otherwise object to any of the Presentence Report’s factual findings regarding loss, and has thus waived any challenge relating to those underlying facts. United States v. Manarite, 44 F.3d 1407 , 1419 n. 18 (9th Cir.1995).

Freiberg also argues that the district court erred by enhancing his sentence pursuant to § 2F1.1(b)(4) after finding that he had violated a California state administrative order by soliciting…