United States v. Stephen Sayre

FILED

NOT FOR PUBLICATION APR 04 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-50519

Plaintiff - Appellee, D.C. No. 2:05-cr-00198-VBF-

v.

MEMORANDUM *

STEPHEN C. SAYRE, AKA Seal A,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Valerie Baker Fairbank, District Judge, Presiding

Argued and Submitted March 8, 2011 Pasadena, California

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.

Stephen Sayre appeals his conviction on one count of securities fraud in

violation of 15 U.S.C. §§ 78j(b) and 78ff, 17 C.F.R. § 240.10b-5, and 18 U.S.C. §

21. We have jurisdiction under 28 U.S.C. § 1291. We affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. I.

The district court did not abuse its discretion in declining to give Sayre’s

proposed “total mix” materiality instruction. See United States v. Hofus, 598 F.3d

1171, 1174 (9th Cir. 2010). The court…