Makarian

MEMORANDUM **

Vazrik Makarian appeals the twelve months and one day sentence imposed after his conviction following a guilty plea on two counts of knowingly submitting false statements to a federally insured financial institution, in violation of 18 U.S.C. § 1014 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 .

Makarian contends that the district court’s calculation of the loss amount as $197,463.73 was clear error, and that the court’s use of this loss amount to increase Makarian’s base offense level by seven pursuant to U.S.S.G. § 2F 1. 1(b)(1)(H) also was clear error.

Makarian argues that he intended only that his false statements would induce the lender to waive loan fees, so that loss should be about $12,000 per the amount of the waived fees. There was, however, sufficient evidence to support the district court’s determination that Makarian’s submission of false income tax returns to the bank was material to the bank’s making of the loan, and also that the actual loss suffered by the bank as a result of his misconduct was the loss after foreclosure of $197,463.73.

We conclude that the district court correctly calculated “loss” under…