Phillips

ORDER AND MEMORANDUM **

1. The district court erred in calculating the amount of restitution Ronald Lee Phillips was ordered to pay the Department of Veterans Affairs (VA). The district court properly determined that the original loss to the VA was $450,375.57. However, the district court erred in its valuation of the buses. The district court was required to offset the loss to the VA by the fair market value of the buses as of September 18, 2002, when Phillips relinquished control of them to the VA and Northwest Bus Sales, Inc. (Northwest). See United States v. Davoudi, 172 F.3d 1130, 1134 (9th Cir.1999). Instead, the district court valued the buses based on the prices for which they were actually sold, which was error because the buses were sold a number of months after they were turned over to the VA and Northwest Bus Sales. See United States v. Lomow, 266 F.3d 1013, 1020 (9th Cir.2001) (holding that the Court reviews a district court’s valuation methodology de novo).

*150 In addition, the district court erred by-including indirect sale-related expenses charged by Northwest in the restitution order. See id. (holding that the district court erred in including a receiver’s…