United States Ninth Circuit

In a prosecution arising from defendant's involvement in a counterfeit checking scheme, a sentence imposed following his plea of guilty to possession of stolen mail, possession and utterance of a forged security, and conspiracy is affirmed where: 1) in cases such as the one at issue, a district court may reasonably infer, absent a showing to the contrary, that a defendant intended to cause loss up to the full face value of the stolen checks; and 2) there was no error in applying a 12-level enhancement under U.S.S.G. section 2B1.1(b)(1)(G).

Appellate Information

• Argued 03/12/2008
• Decided 06/06/2008
• Published 06/06/2008

Judges

• REINHARDT, Circuit Judge:, Before:  STEPHEN REINHARDT, JOHN T. NOONAN, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel Broderick, Federal Defender;  Ned Smock, Assistant Federal Defender, Office of the Federal Defender, Sacramento, CA, for the defendant-appellant., McGregor W. Scott, United States Attorney;  Ellen V. Endrizzi, Assistant United States Attorney, Sacramento, CA, for the appellee.