United States v. Michael Snyder
Opinion
Opinion
MEMORANDUM
Michael Snyder appeals his conviction and sentence for eight counts of theft of government property in violation of 18 U.S.C. § 641 , and one count of making and using a false statement in violation of 18 U.S.C. § 1001 (a)(3). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
1. We review for an abuse of discretion the district court’s dismissal of an indictment for pre-indictment delay, and we review a finding of Fifth Amendment prejudice for clear error. United States v. Gregory, 322 F.3d 1157, 1161 (9th Cir. 2003); see also United States v. Corona-Verbera, 509 F.3d 1105, 1112 (9th Cir. 2007).
Snyder argues that during the five-year period between when the government became aware of his fraud and when it filed the indictment, Snyder’s mother passed away, Snyder contends that from 2007 to 2008, when the alleged thefts occurred, he lived with his mother, who would have testified if he had been indicted earlier. At that time, Snyder’s nephew also lived in the apartment and was the designated caretaker for Snyder’s mother. Snyder’s nephew, a defense witness, testified that Snyder primarily lived with his wife at that time, in a separate residence.