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U.S. v. BERGER

No. 08-50171.

587 F.3d 1038 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Richard I. BERGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 30, 2009.

Attorney(s) appearing for the Case

Paul J. Watford, Jacob S. Kreilkamp, and Alexandra Lang Susman, Munger, Tolles & Olson LLP, Los Angeles, CA, for defendant-appellant Richard I. Berger.

Christine C. Ewell and Tamra Phipps, Assistant United States Attorneys, United States Attorneys Office for the Central District of California, Los Angeles, CA, for plaintiff-appellee United States of America.

Before: W. FLETCHER, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Defendant-Appellant Richard I. Berger appeals the sentence imposed by the district court following our affirmance of his conviction for twelve counts of bank and securities fraud. Berger argues that, in sentencing him on remand, the district court erred by: (1) not adhering to the civil loss causation principle in finding shareholder loss, as described by the Supreme Court in Dura Pharmaceuticals, Inc. v. Broudo, ...

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