Beeler

MEMORANDUM *

De Elroy “Rusty” Beeler appeals his conviction for making false statements to financial institutions in violation of 18 U. S.C. § 1014, and his sentence. We reverse and remand for resentencing on Counts one through eight under the proper edition of the Guidelines Manual; otherwise we affirm.

I

Beeler argues that there was insufficient evidence to support the jury’s finding that Beeler submitted a fraudulent loan pack *519 age to Lockheed within the relevant time period. As he failed to move for acquittal, our review is for plain error. See United States v. Morgan, 238 F.3d 1180, 1186 (9th Cir .2001).

The evidence was more than sufficient for a reasonable jury to conclude that Beeler submitted his fraudulent loan package to Lockheed on or after May 14, 1989. Beeler’s loan broker was retained on May 10,1989; the state court did not expunge a lis pendens on Beeler’s property until May 8, 1989 (certified on May 18, 1989); and Beeler admitted in a 1992 declaration that he applied for a commercial loan from Lockheed “[o]n or about June, 1989.” Both Reagan and Merkerson testified that Lockheed received Beeler’s loan application sometime between May 14 and May 22. Thus,…