United States v. Tara Mazzeo

MEMORANDUM

Defendant-Appellant Tara Mazzeo appeals her conviction on two counts of making false statements to a government official in violation of 18 U.S.C. § 1001 , for which she was sentenced to five years of probation without conditions of confinement. Mazzeo contends that the district judge committed reversible error in excluding the government agent’s handwritten notes from evidence and that there was insufficient evidence to support the jury’s verdict. Mazzeo additionally argues that the district court plainly erred in failing to instruct the jury that the element of willfulness for a § 1001 crime requires knowledge of unlawfulness. We have jurisdiction under 28 U.S.C. § 1291 . We ordered supplemental briefing regarding Mazzeo’s challenge to the district court’s jury instruction related to willfulness and affirm as to all issues raised in the case.

The district court’s exclusion of evidence during trial is reviewed for abuse of discretion. United States v. Evans, 728 F.3d 953, 959 (9th Cir.2013). Under this deferential standard, we consider whether the district court's evidentiary decision was based on “consideration of the relevant factors” and whether there was a “clear…