United States v. Diana Yates

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-30183 Plaintiff-Appellee, D.C. No. v. 3:15-cr-00238-

SI-

DIANA YATES,

Defendant-Appellant.

UNITED STATES OF AMERICA, No. 18-30184 Plaintiff-Appellee, D.C. No. v. 3:15-cr-00238-

SI-

DAN HEINE,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Oregon Michael H. Simon, District Judge, Presiding

Argued and Submitted December 10, 2020 Seattle, Washington

Filed October 8, 2021 Before: Marsha S. Berzon, Eric D. Miller, and Daniel A. Bress, Circuit Judges.

Opinion by Judge Miller; Dissent by Judge Bress

SUMMARY *

Criminal Law

The panel vacated convictions and remanded for further proceedings in a case in which a jury found Dan Heine and Diana Yates, who were executives at the Bank of Oswego, guilty of one count of conspiracy to commit bank fraud (18 U.S.C. § 1349) and 12 counts of making a false bank entry (18 U.S.C. § 1005).

The government told the jury that Heine and Yates conspired to deprive the bank of three property interests: (1)…