Segui

MEMORANDUM *

Defendant, Noel Deguzman Segui, appeals from the sentence imposed after he pled guilty to Possession of Stolen Mail in violation of 18 U.S.C. § 1708 , and Aiding and Abetting in violation of 18 U.S.C. § 2 (a). We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

The district court correctly found that the Government did not breach the plea agreement. See United States v. Allen, 434 F.3d 1166, 1175 (9th Cir.2006); United States v. Maldonado, 215 F.3d 1046, 1052 (9th Cir.2000).

The two-level increase in offense level resulting from the district court’s loss determination is not “extremely disproportionate” and does not, therefore, warrant application of the clear and convincing evidence standard. See United States v. Johansson, 249 F.3d 848, 856 (9th Cir.2001) (finding a four-level increase to not be extremely disproportionate).

The district court’s determination of loss was a reasonable estimate based on the evidence before it. See U.S.S.G. § 2B1.1, cmt. n.3(C) (“The court need only make a reasonable estimate of the loss.”).

Assuming that Segui did not waive his restitution challenge, his challenge still fails because the district court’s…