United States v. Jawad "Joe" Quassani

MEMORANDUM

Jawad Quassani appeals from his jury-trial conviction and 87-month sentence for mail fraud, wire fraud, and conspiracy to commit mail and wire fraud. We affirm.

Quassani asserts that the Government engaged in improper vouching. Because Quassani did not object at trial to the statements now challenged on appeal, our review is for plain error. United States v. Dorsey, 677 F.3d 944, 953 (9th Cir.2012). The claim fails because there was no error of any kind. The instances of alleged vouching cited by Quassani were either not vouching, not impermissible in light of attacks on the credibility of government witnesses based on the existence of plea bargains, or too inconsequential to have been prejudicial.

Quassani suggests that the Government should have been required to prove materiality as an element of conspiracy under 18 U.S.C. § 1349 . Based on this contention, he asserts that there was insufficient evidence of materiality before the jury and that the district court erred when it failed to instruct the jury that materiality was an element of conspiracy under Section 1349. Both of these claims fail because materiality is not a separate element of conspiracy under 18…