United States v. Carlos Rezabala

548 F. App'x 409

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 6, 2013
• Docket: 12-50307
• Status: Unpublished

Opinion

MEMORANDUM **

Carlos Alberto Rezabala’s motion to lift the stay of appellate proceedings ordered by this court on September 30, 2013, is granted. Rezabala appeals from the district court’s judgment and challenges the sentence imposed following his jury-trial conviction for health care fraud, in violation of 18 U.S.C. § 1347. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rezabala contends that the district court violated his Sixth Amendment rights when it applied a 14-level upward adjustment under U.S.S.G. § 2Bl.l(b)(l)(H) without submitting the issue to a jury for a finding of loss beyond a reasonable doubt. He also argues that this error was not harmless because the evidence in the record permits a reasonable doubt regarding the amount of loss that his offense caused. This claim fails. See United States v. Hickey, 580 F.3d 922, 932 (9th Cir.2009) (“[T]he Sixth Amendment does not require that the loss be proved to a jury beyond a reasonable doubt.”).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.