United States v. Mark Neuman

MEMORANDUM

Mark Neuman, Lane Lyons, and Timothy Larkin appeal their jury convictions and sentences for conspiracy to commit mail fraud in violation of 18 U.S.C. § 1349 , and conspiracy to commit transactional money laundering in violation of 18 U.S.C. § 1956 (h), arising from their misuse of client funds as principals in Summit Ac-commodators, a 1031 qualified intermediary exchange company. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court.

1. The district court did not abuse its discretion when it granted the government’s motion to preclude the Defendants’ expert witness (cognitive psychologist Shawn Davis, Ph.D.) from testifying. Defendants’ expert disclosure was (1) untimely in violation of Fed.R.Crim.P. 16 (evidence presented indicates that Defendants did not provide Davis’s full report to the government or to the court until around June 18, 2013, over eighth days after the trial began and clearly well after the court-imposed deadline for expert-witness disclosures of April 26, 2013. See United States v. Urena, 659 F.3d 903, 909 (9th Cir.2011)); and (2) excludable under Fed.R.Evid. 702, because Defendants failed to establish that Davis’s…