USA V. CARLOS REZABALA, No. 12-50307 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 06 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50307 D.C. No. 2:09-cr-00679-GHK v. MEMORANDUM* CARLOS ALBERTO REZABALA, a.k.a. Carlos Alberto Vasquez, Defendant - Appellant. Appeal from the United States District Court for the Central District of California George H. King, Chief Judge, Presiding Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. § 2B1.1(b)(1)(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. 2 12-50307

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