Webster

MEMORANDUM ***

David Benjamin Webster pled guilty to one count of bank fraud in violation of 18 U.S.C. § 1344 . He appeals the *318 district court’s calculation of his Guidelines-recommended sentence, arguing that the district court clearly erred by finding that Webster caused loss in excess of $200,000 and imposing an eight-level sentence enhancement under the relevant version of the United States Sentencing Guidelines. See U.S.S.G. § 2F1.1 (1998). Webster has been released from prison, but his challenge is not moot because he remains subject to a term of supervised release. See United States v. Verdin, 243 F.3d 1174, 1178 (9th Cir.2001).

Although the guideline calculation was incorrect, the error is harmless. The “loss is the value of the money, property, or services unlawfully taken; it does not, for example, include interest the victim could have earned on such funds had the offense not occurred.” U.S.S.G. § 2F1.1 app. n. 8. At sentencing, the government’s own witness and supporting documentation clearly established that at most, the total demonstrated loss exclusive of interest was less than $200,000.

The government’s reliance on the application notes’ statements that “the…