Cher

MEMORANDUM **

Defendant Picheth Yoeun Cher appeals the sentence imposed by the district court.

1. The district court did not err in applying a 10-level enhancement for the loss caused by Defendant’s crimes. In the plea colloquy Defendant expressly admitted the amount of loss and the dates of the offense conduct. In that circumstance there is no Sixth Amendment violation and the sentence is consistent with United States v. Booker, — U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

2. The district court’s finding that Defendant does not suffer from an extraordinary impairment is not clearly erroneous. The court recognized its authority to depart downward but, on the basis of the facts, declined to exercise its discretion to do so. We lack jurisdiction to review that exercise of discretion. United States v. Garcia-Gomez, 380 F.3d 1167, 1174 (9th Cir.2004). Even assuming, without deciding, that after Booker a remand may occur in this circumstance, we would not remand for resentencing because we are convinced on this record that, under any potentially applicable standard of review, the sentence imposed is reasonable and the district court would not have imposed a different sentence…