Trusty
United States v. Trusty
Opinion
Lead Opinion
MEMORANDUM **
Michael Vincent Trusty appeals the 15-month sentence imposed following his guilty plea conviction for willful damage to civil aircraft, in violation of 18 U.S.C. § 32 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the Sentencing Guidelines, and for clear error its factual findings in the sentencing phase. United States v. Johansson, 249 F.3d 848, 858 (9th Cir.2001). We affirm.
Trusty contends that the district court erred by enhancing his sentence based on a loss amount exceeding $30,000 under U.S.S.G. § 2Bl.l(b)(D) because the amount of loss is not supported by a preponderance of the evidence. We disagree.
The district court’s finding was based on the actual cost estimates submitted by defense counsel which totaled approximately $25,000, and testimony from the government’s expert estimating an additional $3,000 in lost revenue for each of the 45 hours the planes were grounded. Based on this record, we cannot say the district court clearly erred. See U.S.S.G. § 2B1.1 App. n. 2(C) (explaining that the court need only make a reasonable estimate of the loss).