United States v. John Lyon

MEMORANDUM

Defendant-Appellant John Grimson Lyon appeals his jury trial convictions for wire fraud, in violation of 18 U.S.C. § 1343 ; false claims, in violation of 18 U.S.C.: § 287; and theft of government property, in violation of 18 U.S.C. § 641 . We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s denial of a motion to dismiss the indictment for failure to state an offense. United States v. Blixt, 548 F.3d 882, 886 (9th Cir. 2008), for multiplicity, United States v. Brooks, 610 F.3d 1186, 1194 (9th Cir. 2010), and for improper venue, United States v. Sullivan, 797 F.3d 623, 631 (9th Cir. 2015). We also review de novo the district court’s denial of a motion for acquittal where, as here, thé defendant properly preserved his challenge to the sufficiency of the evidence. United States v. Pelisamen, 641 F.3d 399 , 409 n.6 (9th Cir. 2011). We review for abuse of discretion the district court’s decision to give a Jewell instruction, United States v. Heredia, 483 F.3d 913, 922 (9th Cir. 2007) (en banc), and its decision to, deny a motion for a new trial, United States v. Bhagat, 436 F.3d 1140, 1145 (9th Cir. 2006). We affirm.

1. The district court did…