United States v. Travis Hymas

MEMORANDUM

Travis Hymas challenges his conviction and sentence for five counts of wire fraud under 18 U.S.C. § 1343 , as well as the district court’s restitution order. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Viewing the evidence in the light most favorable to the prosecution, a jury could reasonably conclude that the prosecution proved each element of the wire fraud counts beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). A reasonable trier of fact could conclude that the prosecution proved a scheme to defraud and the intent to defraud lenders based on evidence that Hymas misrepresented his and his wife’s income, assets, education, and employment on loan applications. See 18 U.S.C. § 1343 ; United States v. Pelisamen, 641 F.3d 399, 409 (9th Cir.2011). A reasonable jury could conclude that these misrepresentations were material based on testimony from loan underwriters that they relied on such information to make lending decisions. See Neder v. United States, 527 U.S. 1, 16, 20, 25 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999); United States v. Green, 592 F.3d 1057, 1064 (9th Cir.2010). Hymas’s argument…