McKelvey

MEMORANDUM **

Gary McKelvey appeals from the 33-month sentence imposed following his guilty-plea conviction for conspiracy, possession of device-making equipment and aiding and abetting, possession of 15 or more fraudulent access devices and possession of document-making implements, all in violation of 18 U.S.C. §§ 2 , 371, 1028(a)(5) and 1029(a)(3), (4). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

McKelvey contends that the district court erred by imposing a ten-level enhancement for the amount of loss and a two-level enhancement for the number of victims because it relied on conduct which occurred after McKelvey allegedly withdrew from the conspiracy. We conclude that the district court did not err by determining that the amount of loss and number of victims were attributable to the conspiracy and were reasonably foreseeable. See United States v. Riley, 335 F.3d 919, 925 (9th Cir.2003); United States v. Melchor-Zaragoza, 351 F.3d 925, 929 (9th Cir.2003); United States v. Peyton, 353 F.3d 1080, 1089-90 (9th Cir.2003).

McKelvey further contends that his sentence is unreasonable because it is disproportionately longer than the sentences imposed on his…