Najjor

MEMORANDUM **

In the prior appeal 1 we noted that the district court intended to further consider the restitution order of $2.19 million to Home Federal Insurance Corporation (Home Federal) but lacked jurisdiction to do so because a notice of appeal had been filed. We remanded to the district court in order to afford the district court an opportunity to reassess the restitution order in light of all the evidence. The district has done so and has entered an order of restitution to Home Federal of $1.58 million.

The district court’s restitution order is reviewed for abuse of discretion so long as the order is within the statutory framework. United States v. Nash, 115 F.3d 1431, 1441-42 (9th Cir.1997). The order is within the statutory framework, and thus we review for abuse of discretion.

A restitution order must be based on losses directly resulting from the defendant’s criminal conduct. United States v. Sablan, 92 F.3d 865, 870 (9th Cir.1996). The district court, after considering all the evidence, determined that the unpaid balance of the loan from Home Federal was $5.18 million at the time of the foreclosure on the property securing the loan. The price for the property that…