Donat

MEMORANDUM **

Sofi Darrell Donat appeals his sentence of one hundred eighty-nine months imprisonment following his guilty plea for conspiracy, 18 U.S.C. § 371 , interstate transportation of stolen property, 18 U.S.C § 2314, and interference with commerce by threats or violence, 18 U.S.C. § 1951 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We address the sentencing issues Donat raised on appeal before us, but we remand in accordance with United States v. Ameline, No. 02-30326, 2005 WL 1291977 at *11 (9th Cir. June 1, 2005) (en banc).

*52 The district court did not clearly err in finding that the government proved by clear and convincing evidence that the amount of loss suffered exceeded $800,000 based on testimony of the probation officer who prepared the presentence report and calculated the loss, and statements from the insurance company documenting the settlement and payment amount for the robbery in excess of $1,000,000. See U.S.S.G. § 2B3.1(b)(7)(E); 18 U.S.C. § 3742 (e). The district court did not abuse its discretion in determining that the best evidence rule did not preclude admitting the insurance letters because duplicates of the documents…