United States v. Kim Pounds

MEMORANDUM

Kim N. Pounds (“Pounds”) appeals from a judgment of the district court in which she was convicted of fifteen counts of mail fraud under 18 U.S.C. § 1341 and sentenced to a year and a day in prison, followed by five years of supervised release. She contends the district court .abused its discretion and otherwise erred in its decisions extending from pretrial through sentencing. We affirm.

First, the district court did not abuse its discretion when it denied Pounds’ motion in limine and permitted the admission of evidence of the loss amounts. United States v. Reed, 575 F.3d 900, 920 (9th Cir.2009). The district court could reasonably conclude that evidence of the loss was relevant to prove the elements of mail fraud, was relevant to show “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident,” and was not unduly prejudicial. See Fed. R. of Evid. 401-404.

Second, it was not plain error for the district court to permit the government’s statements about the loss amounts in closing argument as they were neither inconsistent with the government’s prior statements nor unduly prejudicial and Pounds did not object to…