United States v. Roy M. Porter, Benjamin F. Gay III

967 F.2d 595 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Roy M. PORTER, Benjamin F. Gay III, Defendants-Appellants. Nos. 90-10366, 90-10345. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1992. Decided June 16, 1992. Before HUG, TANG and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Gay and Porter, former officers of National Toll Free Marketing Company, appeal their convictions for mail fraud and interstate transportation of fraudulently obtained property. Gay also appeals his conviction for failure to file income tax returns. We affirm. 1 DISCUSSION I. The Ex Parte Communication 3 Gay and Porter argue that the district court's telephone conversation with the prosecutor discussing the scheduling of witnesses and the feasibility of supplementary opening statements constitutes reversible error. We disagree. 4 First, the district court did not err in denying Gay's and Porter's motion for a…