United States v. Brent Lovett

MEMORANDUM

Lovett appeals from a judgment following a jury trial verdict convicting him of bank fraud under 18 U.S.C. § 1344 . On appeal, Lovett contends that: no rational trier of fact could conclude beyond a reasonable doubt that Lockheed Federal Credit Union (Lockheed) was federally insured; the government engaged in prose-cutorial misconduct by depriving him of his Sixth Amendment right to counsel; the district court abused its discretion in formulating the vicarious liability jury instruction; cumulative error deprived him of a fair trial; and the district court abused its discretion in ordering Lovett to pay restitution in the amount of $4,899,134.78. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

First, the government proved beyond a reasonable doubt that Lockheed was federally insured through the testimony of Lockheed’s CEO, who stated that Lockheed was federally insured in 2006, the year in which Lovett obtained the 7.6 million dollar loan. See United States v. Ali, 266 F.3d 1242, 1243 (9th Cir. 2001) (citation omitted) (providing that in prosecutions for bank fraud, proof of federally insured status of the victim institution is both a jurisdictional…