United States v. Rene Rebollo, Jr.

MEMORANDUM

1.Defendant Rene Rebollo claims there wasn’t a sufficient evidentiary basis for the district court’s restitution order. But the Presentence Investigation Report (PSR) provided that basis. It found that defendant’s actions resulted in a loss of “$1.2 million for the cost of mailing notices to potentially affected customers.” Prior to the sentencing hearing, defendant objected in writing to the use of the $1.2-million figure in calculating the Guidelines sentence, but he did so on the grounds that it wasn’t “reasonably foreseeable” that such costs would be incurred as a result of the crime, not on the ground that there was insufficient evidence documenting the cost expended on notifying customers. When he objected to the PSR’s findings about restitution, as opposed to sentencing, it was on the grounds that the conviction didn’t fall within the restitution statute and that neither Countrywide nor Bank of America qualified as a victim. Indeed, in his written objection to parts of the PSR, defendant twice acknowledged $1.2 million as the amount spent notifying customers. Because defendant failed to properly object to the PSR’s finding that $1.2 million was expended on…