Kohiki

MEMORANDUM *

Sanae Kohiki appeals her conviction on four counts of mail fraud. We affirm the conviction but remand for resentencing in light of United States v. Booker, —U.S.-, 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) and United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

Kohiki first contends that the Government failed to prove she had a specific intent to defraud. To support a mail fraud conviction, the government must prove specific intent to defraud, but such intent “may be inferred from the defendant’s statements and conduct.” See United States v. Beecroft, 608 F.2d 753, 757 (9th Cir.1979). Moreover, one who acts with reckless indifference as to whether a representation is true or false is chargeable with knowledge of its falsity. See United States v. Love, 535 F.2d 1152, 1157-58 (9th Cir.1976). Here, the Government properly offered circumstantial evidence of Kohiki’s state of mind, and the jury reasonably could have concluded that she knew she was participating in a fraud. See United States v. Piache, 913 F.2d 1375, 1380-81 (9th Cir.1990); see also United States v. Naghani, 361 F.3d 1255, 1261 (9th Cir. 2004), cert. denied, —U.S.-, 125 S.Ct. 341 , 160 L.Ed.2d…