United States v. Mahealani Ventura-Oliver

MEMORANDUM

Mahealani Ventura-Oliver appeals from her jury conviction of one count of conspiracy to create and utter fictitious obligations and to commit mail fraud in violation of 18 U.S.C. §§ 514 , 1341, and 371, fifteen counts of substantive mail fraud in violation of 18 U.S.C. § 1341 , one count of engaging in monetary transactions in property derived from specified unlawful activity in violation of 18 U.S.C. § 1957 , one count of conspiracy to file false claims in violation of 18 U.S.C. §§ 287 and 371, and one count of filing a false claim in violation of 18 U.S.C. § 287 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Ventura-Oliver asserts that the district court erred by failing to give a “dual role” jury instruction regarding the testimony of Case Agent Steven Carter. As Ventura-Oliver did not object to the jury instructions at the time they were given, the failure to give a specific instruction is reviewed for plain error. United States v. Conti, 804 F.3d 977, 981 (9th Cir. 2015).

Ventura-Oliver’s argument falls short for two reasons. First, Agent Carter did not give expert testimony. Rather, he merely provided a “summary to prove content” as allowed…