Ruth

United States v. Ruth

Good Law
203 F. App'x 794
United States Court of Appeals for the Ninth CircuitOctober 23, 2006No. 05-10055California327 words

Opinion

Lead Opinion

MEMORANDUM **

Amie Noelle Ruth appeals from the 57-month sentence imposed following her guilty plea to two counts of theft of mail, in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant 28 U.S.C. § 1291 , and we affirm.

We review for clear error a district court’s factual findings. See United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir. 2005). We review de novo a district court’s interpretation of the Sentencing Guidelines. See id.

Ruth contends that the district court erroneously determined the amount of loss pursuant to U.S.S.G. § 2B1.1. The record belies this contention. The district court correctly focused its inquiry upon the amount of loss that Ruth intended to inflict upon her victims. See U.S.S.G. § 2B1.1. cmt. 3.

Ruth also contends that the district court erred by finding that the total intended loss was over $150,000. This contention lacks merit. The district court’s finding of intended loss was supported by a preponderance of the evidence. See United States v. Dare, 425 F.3d 634, 642 (9th Cir.2005); see also United States v. Riley, 143 F.3d 1289, 1292 (9th Cir.1998) (concluding that the district court did not err in calculating the intended loss by…

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