United States of America v. Carlos Alberto Rezabala, a.k.a. Carlos Alberto Vasquez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CARLOS ALBERTO REZABALA, a.k.a.
Carlos Alberto Vasquez,
Defendant - Appellant.
No. 12-50307
D.C. No. 2:09-cr-00679-GHK
MEMORANDUM*
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
FILED
DEC 06 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 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.
12-50307 2

-- 2 of 2 --