Calderon

MEMORANDUM **

David Calderon pled guilty to filing a false document in an application for FHA-backed mortgage insurance, in violation of 18 U.S.C. §§ 1001 and 2. He acknowledged doing so as part of a scheme to defraud the government by selling a piece of property in Sunland, California, to a straw buyer, who later defaulted and forced the government to foreclose, resulting in a loss to the government of approximately $32,000. At sentencing, the district court concluded that Calderon’s scheme had extended to 42 properties, costing the government approximately $1.9 million. It therefore increased Calderon’s offense level by 12 points under U.S.S.G. § 2Fl.l(b)(l)(M).

Calderon now appeals his sentence. He first contends that the government did not prove any loss amount by clear and convincing evidence. We disagree. The unchallenged presentence report and detailed supporting documentation showed that Defendant participated in a scheme involving fraudulent mortgage insurance applications on 42 properties, costing the government approximately $1.9 million. This evidence is clear and convincing. See United States v. Romero-Rendon, 220 F.3d 1159, 1163-65 (9th Cir.2000) (holding that an…