Ohonme

MEMORANDUM **

Gbenga Jerry Joseph Ohonme challenges his sentence of 51 months imprisonment for fraudulent use of an unauthorized access device and aggravated identity theft, imposed in United States District Court on December 13, 2006. Appellant argues the district court committed clear error in sentencing him to 51 months imprisonment because the government did not show by a preponderance of the evidence that he was responsible for a loss of $160,336.97. In arriving at this loss amount, the court relied primarily on the presentence report and the probation officer’s comments during sentencing. The foundation for the officer’s calculations had been provided to the appellant before the hearing.

In reaching a sentence, a district court may consider information “ Vithout regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy.’ ” United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001) (quoting U.S.S.G. § 6A1.3(a)). This information must be accompanied by a minimal indicia of reliability. Berry, 258 F.3d at 976 . While a district court may adopt the factual…