Semikian

MEMORANDUM *

Defendant-Appellant Khajadour Semikian (“Semikian”) appeals his conviction and sentence following a jury trial on a three-count indictment of wire fraud in violation of 18 U.S.C. § 1343 . Semikian was convicted on one count of wire fraud, sentenced to 41 months’ imprisonment, and ordered to pay a $25,000 penalty and $375,000 restitution.

Semikian argues that the district court erred by (1) denying his motion for a new trial based on alleged prosecutorial misconduct; (2) violating his Sixth Amend *109 ment right to a jury trial by enhancing his sentence based on facts found by a preponderance of the evidence; and (3) improperly applying an “obstruction of justice” enhancement to the sentence based on misrepresentations to a probation officer.

I. Prosecutorial Misconduct

We review for abuse of discretion the district court’s denial of a motion for a new trial based on prosecutorial misconduct. United States v. Murillo, 288 F.3d 1126, 1140 (9th Cir.2002). Reversal of the district court’s order denying such a motion must be “grounded on the assertion that the jury’s verdict was against the clear weight of the evidence.” Bourns v. Raychem Corp., 331 F.3d 704 , 714 (9th…