United States of America, Plaintiff-appellee, v. Frederick Mark Croft, Defendant-appellant, 98 F.3d 1347 (9th Cir. 1996)

MEMORANDUM^** 

Frederick Mark Croft appeals his sentence imposed following his guilty plea to bank fraud in violation of 18 U.S.C. § 1344. Croft contends that in adjusting his offense level upward under U.S.S.G. § 2F1.1(b) (1) (J), the district court erred by including in its loss calculation the approximately $255,000 in transactions he attempted during Citibank's investigation of his fraud because Citibank immediately reversed his fraudulent payments to his ATM credit card accounts. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Croft contends that the district court clearly erred by finding that he intended to cause the loss of the $255,000 because this total represented his attempt to make the same payment over and over again without success. The record shows that Croft continued to transfer fraudulently obtained funds to his savings account and to attempt to withdraw them after Citibank detected his scheme. Also, his unsuccessful payments were for different amounts. Accordingly, the district court did not clearly err by finding that Croft intended to inflict as much loss as possible. See U.S.S.G. § 2F1.1, comment. (n. 7); United States v. Salemo, 81 F.3d 1453, 1463 (9th Cir. 1996) (rejecting contention that loss amount was lower because defendant knew some of his fraudulent loan applications would be rejected).

AFFIRMED.