IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10086 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KENNETH EJIOUGU MBAH, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:95-CR-277-X - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:* Kenneth Ejiogu Mbah (Mbah) appeals his sentence for wire fraud, a violation of 18 U.S.C. § 1343. Mbah argues that the district court erred in calculating the amount of loss under U.S.S.G. § 2F1.1(b)(1).

The district court did not clearly err in determining that the amount of loss exceeded $350,000. See United States v. Montano-Silva, 15 F.3d 52, 54 (5th Cir. 1994).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 96-10086 - 2 - AFFIRMED.