Mirikitani

MEMORANDUM **

Andrew K. Mirikitani appeals from the 51-month sentence imposed following his jury trial conviction for wire fraud; fraudulently obtaining and converting government property; accepting a bribe; extortion under color of official right; attempting to hinder the communication of information relating to the commission of a federal offense; and witness tampering. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The judicial fact-finding that occurred at Mirikitani’s sentencing did not violate the Sixth Amendment because he was not sentenced pursuant to a mandatory guidelines scheme. See United States v. Booker, 543 U.S. 220, 245-46, 259-60 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005); see also United States v. Ameline, 409 F.3d 1073, 1077-78 (9th Cir.2005) (en banc). Further, the district court was not required to make factual findings beyond a reasonable doubt to comport with the guarantee of due process contained in the Fifth Amendment. See United States v. Staten, 450 F.3d 384, 392-93 (9th Cir.2006).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R.…