Arcand

MEMORANDUM **

After a bench trial, the district court convicted Philip Arcand of two counts of mail fraud committed through telemarketing. Arcand’s fraud involved the telemarketing sale of bogus “credit card protection” packages to credit cardholders. On Arcand’s first appeal, we affirmed his conviction, but remanded his case to the district court for resentencing in light of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Arcand, 139 Fed.Appx. 912, 913 (9th Cir.2005). At resentencing, the district court found that Arcand’s mail fraud caused about $12.9 million in losses and enhanced Arcand’s sentence by fifteen levels pursuant to U.S.S.G. § 2F1.1(b)(P) (2000). The district court sentenced Arcand to 120 months imprisonment with three years supervised release.

Arcand argues that his sentence violates the Fifth and Sixth Amendments. We disagree. The judicial finding of loss amount did not violate the Constitution because the judicial fact-finding took place under a guidelines scheme rendered advisory by Booker. United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc). *491 The government did not need to allege the…