Davani

MEMORANDUM **

Shahnam Davani appeals the district court’s sentence of 37 months’ imprisonment following his guilty plea to mail, wire, and bank fraud. 18 U.S.C. §§ 1341 , 1343, 1344. We affirm.

I

The district court did not err in applying the preponderance of the evidence standard to Davani’s sentence enhancement. Davani was not entitled to have his sen-fencing factors found beyond a reasonable doubt, as in United States v. Thomas, 355 F.3d 1191 (9th Cir.2004), and United States v. Banuelos, 322 F.3d 700 (9th Cir.2003), because he was not exposed to a higher statutory maximum than he might have otherwise received based solely on his plea admissions. Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000); United States v. Buckland, 289 F.3d 558 (9th Cir.2002) (en banc). Those statutory máximums were five years and thirty years, whereas at most he was exposed to a sentence of 46 months imprisonment. In the absence of an Apprendi violation, “the preponderance of the evidence standard generally satisfies due process concerns.” United States v. Staten, 466 F.3d 708, 717 (9th Cir.2006). See also United States v. Dare, 425 F.3d 634, 642 (9th Cir.2005).…