United States v. Johnny Brown

MEMORANDUM

Johnny Brown appeals his conviction, 130-month sentence and $6.2 million resti tution order following his conviction by a jury of 14 counts of wire fraud, making false statements to a financial institution and tax evasion. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The court did not violate Brown’s due process right to a fair trial by precluding him from presenting closing argument regarding his absence of flight, because Brown did not introduce evidence of his compliance with pretrial release. See United States v. Miguel, 338 F.3d 995, 1001 (9th Cir.2003); United States v. Guess, 745 F.2d 1286, 1288 (9th Cir.1984). Brown does not contest the district court’s decision to exclude such evidence. Even assuming the district court’s decision to exclude the evidence of absence of flight was erroneous, any error was harmless because there was overwhelming evidence of guilt. See United States v. McInnis, 976 F.2d 1226, 1231 (9th Cir.1992).

2. The sentencing enhancement for vulnerable victims under United States Sentencing Guidelines § 3Al.l(b) was not clearly erroneous. See United States v. Scrivener, 189 F.3d 944, 950 (9th Cir.1999). The court applied…