United States v. Milton Donovan Olson, United States of America v. Bryan D. Olson

Caution
925 F.2d 1170·1991 U.S. App. LEXIS 1932·91 Cal. Daily Op. Serv. 1109
United States Court of Appeals for the Ninth CircuitFebruary 12, 199189-30220, 89-30224California3,672 words

Opinion

Opinion

Wright, J.

Milton Donovan Olson (Don Olson) and his son Bryan Olson became codefendants after their indictment for multiple counts of mail fraud. Father was convicted as a principal, under 18 U.S.C. § 1341 . Son was convicted of aiding and abetting his father in violation of 18 U.S.C. § 2 . Both appeal.

Don Olson attacks the quality of his representation at trial, arguing that it violated his sixth amendment right to counsel. He further contends that the indictment was amended at trial, permitting him to be convicted on a theory not charged. Bryan Olson argues only that the evidence was insufficient to establish his specific intent to defraud.

BACKGROUND

In 1983, Don Olson started a small business in Seattle called Rest-O-Pedic. It used direct mail advertising and in-home sales presentations to sell adjustable beds to customers throughout the United States. The beds were delivered to its customers directly from the manufacturer, a Pennsylvania firm, Sci-O-Tech.

Bryan Olson began to work for his father at Rest-O-Pedic in 1985. During the last half of 1986 (the period under indictment), Bryan Olson was in charge of customer relations.

In its customer communications, Rest-O-Pedic…

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