Pepper’s conviction on count fourteen is REVERSED. The total amount of Pepper’s special assessments is reduced by $50. 1 . Under Fed.R.Evid. 801(c), hearsay is a: [Statement, other that one made by the de-clarant while testifying at the trial or hearing, offered in evidence to prove the matter asserted. 2 . Moreover, there is also sufficient evidence in the record to conclude that Pepper perjured himself when he testified at trial that he had not told people he was wealthy. This would also support a two level increase for obstruction of justice. See U.S.S.G. § 3C1.1, application note 3(b) (citing perjury as an example of obstruction of justice). 3 . The amount of restitution was supported by a preponderance of the evidence. See United States v. Reese, 998 F.2d 1275, 1282 (5th Cir.1993)
holding that criminal conduct of which defendant is acquitted may be used as sentencing factor if proved by preponderance of the evidence holding injunctive relief proper if proved at trial by a fair preponderance of the evidence holding that the factual underpinnings of a restitution order must be proved by a preponderance of the evidence holding that factual conclusions of sentencing court which must be supported by a preponderance of the evidence are reviewed for clear error holding preponderance of the evidence must be against a claim before the claim can be denied where factual record is insufficient remand required