Zimmerman

MEMORANDUM *

Ryan Zimmerman and Asphalt Supply and Service, Inc. (ASSI) (collectively referred to as “defendants”) appeal the district court’s judgment following a remand for resentencing. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A. Prior Proceedings

Zimmerman and ASSI were convicted, following a jury trial, of one count of submitting a false claim, in violation of 18 U.S.C. § 287 , and two counts of submitting false statements, in violation of 18 U.S.C. § 1001 , in connection with an asphalt supply contract between ASSI and the Bureau of Indian Affairs (BIA). The district court sentenced Zimmerman to 18 months imprisonment and ordered Zimmerman and ASSI to pay restitution in the amount of $163,753.21.

The defendants appealed their convictions. In an unpublished disposition, United States v. Zimmerman, 120 Fed.Appx. 15 (9th Cir.2004), we affirmed the two counts of conviction under 18 U.S.C. § 1001 for defendants’ false statements and reversed the one count of conviction under 18 U.S.C. § 287 for submitting a false claim. We remanded for resentencing on the two counts of conviction for false statements, and directed the district court to consider…