United States v. Tyrone Freeman

MEMORANDUM

Tyrone Freeman appeals his convictions, after jury trial, on four counts of mail fraud ( 18 U.S.C. § 1341 ) and six counts of embezzling the assets of a labor organization ( 29 U.S.C. § 501 (c)). Freeman also appeals the sentences imposed for these convictions, as well as the sentence imposed for a separate, unchallenged conviction for making a false statement to a federally insured bank ( 18 U.S.C. § 1014 ). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Sufficient evidence supports Freeman’s convictions. See Jackson v. Virginia, 443 U.S. 307, 318-19 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Nevils, 598 F.3d 1158, 1163-64 (9th Cir.2010) (en banc). On Counts 10-11, a rational trier of fact could have found that the funds Freeman embezzled belonged to Local 6434, which was a labor organization. Likewise, on Counts 1-8 and 10-11, a rational trier of fact could have found that Freeman acted with the necessary fraudulent intent. See United States v. Sullivan, 522 F.3d 967, 974 (9th Cir.2008) (per curiam).

The district court did not abuse its discretion in admitting draft minutes into evidence under the business records…