Dowie

FILED

NOT FOR PUBLICATION DEC 02 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 07-50069

Plaintiff - Appellee, D.C. No. CR-05-00027-GAF-2

v.

MEMORANDUM *

DOUGLAS R. DOWIE,

Defendant - Appellant.

UNITED STATES OF AMERICA, No. 07-50072

Plaintiff - Appellee, D.C. No. CR-05-00027-GAF-1

v.

JOHN STODDER, Jr.,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding

Argued and Submitted November 1, 2010 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: GOODWIN and RAWLINSON, Circuit Judges, and ZOUHARY, District Judge.**

Douglas R. Dowie and John Stodder, Jr. were found guilty by a jury of

fraudulently inflating client bills during their employment with the public relations

firm Fleishman-Hillard ('FH'). They appeal their convictions for conspiracy and wire

fraud…

MEMORANDUM **

Douglas R. Dowie and John Stodder, Jr. were found guilty by a jury of fraudulently inflating client bills during their employment with the public relations firm Fleishman-Hillard (“FH”). They appeal their convictions for conspiracy and wire fraud under 18 U.S.C. § 371 and § 1343, challenging multiple aspects of their trial. Dowie also appeals his sentence, while Stodder appeals the district court’s denial of his request for post-conviction investigation funds. For the reasons that follow, we affirm appellants’ convictions, Dowie’s sentence, and the district court’s denial of investigation funds. Because the parties are familiar with the facts and procedural history of the case, we do not recite them here except as necessary to our decision.

A. Sufficiency of the Evidence

1. Evidence of Wire Fraud

Appellants contend that the Government failed to present sufficient evidence to support their convictions for wire fraud, col *25 lectively pointing to three alleged gaps in the evidence presented at trial. First, Dowie argues that the Government failed to establish his specific intent to defraud because it did not present evidence showing he expressly directed the…

concurring:

I concur in the result.