United States v. Bobadilla Diaz

MEMORANDUM **

Hector Bobadilla Diaz appeals the district court’s determination that his violation of 18 U.S.C. § 371 caused losses in excess of $70,000, resulting in an eight-level enhancement at sentencing under U.S.S.G. § 2B1.1. We affirm.

A district court’s factual findings in the sentencing phase, including the calculation of loss, are reviewed for clear error. United States v. Barnes, 125 F.3d 1287, 1290 (9th Cir.1997). Sentences are reviewed for “unreasonableness.” United States v. Booker, 543 U.S. 220, 264 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

We have repeatedly held that a district court may rely on an unchallenged Presentence Report (PSR) at sentencing to find by a preponderance of the evidence that relevant facts have been established. See United States v. Romero-Rendon, 220 F.3d 1159, 1161-62 (9th Cir.2000) (relying on PSR as sufficient evidence to support sentence enhancement for prior aggravated felony conviction); United States v. Charlesworth, 217 F.3d 1155, 1160-61 (9th Cir.2000) (where defendant failed to challenge accuracy of information in presentence report and failed to offer any evidence to contradict presentence report, sentencing court did not err in…