United States v. Gerald Wolfe

MEMORANDUM

Defendant Gerald L. Wolfe appeals his conviction of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349 , and the resulting restitution order. We vacate and remand the restitution order, but otherwise affirm.

1. The suppressed loan files were not material within the meaning of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). See United States v. Kohring, 637 F.3d 895, 901 (9th Cir.2011) (discussing the elements of a Brady violation); United States v. Price, 566 F.3d 900 , 907 & n. 6 (9th Cir.2009) (stating that we review de novo asserted Brady violations). The suppressed material would not have affected the defense arguments or the outcome, being almost entirely cumulative and introducing no new ground for impeachment.

2. The district court did not err when it rejected Defendant’s proposed jury instruction because the instructions that the court gave adequately explained that a ■conviction required a finding of intent. See United States v. Martinez-Martinez, 369 F.3d 1076, 1083 (9th Cir.2004) (holding that, on de novo review, it is not reversible error to reject a proposed instruction if other instructions adequately cover the…