Obidi

MEMORANDUM **

Gabriel Olufemi Obidi appeals the 36-month sentence imposed by the district court following his guilty plea to two counts of bank fraud and one count of possession of fifteen or more unauthorized access devices. The facts and procedural history are known to the parties and we do not repeat them here.

I

A district court may rely upon a presentence report (“PSR”) at sentencing to find by a preponderance of the evidence that the relevant facts of loss have been established. See United States v. Romero-Rendon, 220 F.3d 1159, 1161-62 (9th Cir.2000) (citing United States v. MarinCuevas, 147 F.3d 889, 895 (9th Cir.1998)). Here, the PSR properly documented losses stemming from Obidi’s fraudulent activities to be in excess of $120,000. 1 Further, Obidi cannot simply object to the district court’s reliance upon the PSR, but bears some burden to challenge the accuracy of the facts contained therein and to present contradictory evidence. United States v. Charlesworth, 217 F.3d 1155, 1160-61 (9th Cir.2000). He failed to do so, offering only the conclusory statement that “he didn’t do it.” There was no error in the district court’s calculation of the applicable sentencing range…