United States v. Spencer Dang

MEMORANDUM

Defendant Spencer Dang appeals his sentence, imposed after he pled guilty for bank fraud. At sentencing, the district court ordered restitution for $795,225. Dang argues that this number should be reduced by $40,938 because, for that amount, the government relied on bank records indicating check payments to co-schemers when the government did not have photocopies of the checks in its possession. Dang also contends that the district court erred in failing to waive post-judgment interest, despite its finding that Dang is only able to pay a nominal restitution amount due to his indigency. Dang never objected or requested a waiver of the interest.

We review a district court’s factual findings for clear error, its restitution order for abuse of discretion, and the legality of the restitution order de novo. United States v. Waknine, 543 F.3d 546, 555 (9th Cir.2008). The government must establish the proper amount of restitution by a preponderance of the evidence. Id. at 556 . A district court’s determination “that a particular item of evidence is sufficiently reliable [to be considered at sentencing] is reviewed for abuse of discretion.” United States v. Marin-Cuevas, 147…