United States v. Wyvonia Ware

MEMORANDUM

Wyvonia Ware was indicted on three counts of knowingly and willfully understating her income to the Department of Housing of Urban Development (“HUD”) in order to obtain federal low-income housing benefits from the Section 8 Housing Choice Voucher Program (“Section 8 program”) in 2003, 2004, and 2005, in violation of 18 U.S.C. § 1001 . The Housing Authority of Los Angeles (“Housing Authority”) locally administers the Section 8 program, and Ware’s false statements were made on income certification forms she submitted to the Housing Authority. A jury found Ware guilty of all three counts.

A crime is committed under 18 U.S.C. § 1001 when someone, “in any matter within the jurisdiction of the executive ... branch of the Government of the United States, knowingly and willfully ... makes any materially false, fictitious, or fraudulent statement or representation.” 18 U.S.C. § 1001 (a)(2); see also United States v. Atalig, 502 F.3d 1063, 1066 (9th Cir.2007) (stating the government must prove (1) a statement, (2) falsity, (3) materiality, (4) knowledge, and (5) jurisdiction to obtain a conviction under § 1001).

On appeal, Ware raises four assignments of error, none of which…