United States v. Dean Chandler

MEMORANDUM

Dean Chandler and Michael Eccles appeal their convictions for conspiracy, mail fraud, and wire fraud arising out of a loan modification fraud scheme run through the company 1st American Law Center, Inc. (“First American”). Chandler also appeals his 144-month prison sentence. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in both cases.

1. The Government neither violated Federal Rule of Criminal Procedure 16(a)(1)(G) nor committed prosecutorial misconduct in proffering financial testimony through First American’s bookkeeper, Patricia Bryant. The Government was not' required to provide a written summary of Bryant’s testimony under Rule 16(a)(1)(G) because Bryant testified only in a lay capacity. See United States v. W.R. Grace, 526 F.3d 499, 510 (9th Cir. 2008) (en banc) (explaining that Rule 16 does not “mandate the disclosure of nonexpert witnesses”). The Government’s compliance with Rule 16 requirements for its noticed expert witness undermines the premise of Chandler’s assertion that the Government tried to circumvent that rule by putting Bryant on the stand instead. Chandler has also failed to show that Bryant’s financial gain figures were false—the…