Berg

MEMORANDUM **

Brenda Denise Berg appeals the district court’s decision to depart upward five levels, because the monetary loss caused by her bank fraud (a violation of 18 U.S.C. § 1344 (2)) and her false statement (a violation of 18 U.S.C. § 1001 ) did not fully capture the harmfulness of her conduct. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review the district court’s decision to depart upward for an abuse of discretion, United States v. Martin, 278 F.3d 988, 1001 (9th Cir.2002), and we accept the district court’s findings of fact unless clearly erroneous, giving due deference to the court’s application of the guidelines to the facts. See 18 U.S.C. § 3742 (e).

The district court based its departure on U.S.S.G. § 2Fl.l(b)(l), Application Note 11 (1998). The court explained in detail how Berg’s offenses risked reasonably foreseeable, substantial nonmonetary harm and caused reasonably foreseeable psychological harm or severe emotional trauma, both grounds for departure authorized by the application note. The district court’s factual findings were amply supported by the record, and giving due deference to its application of the guidelines to the facts, *132…