United States v. Robert Gutstein

980 F.2d 739 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert GUTSTEIN, Defendant-Appellant. No. 91-50704. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1992. Decided Nov. 30, 1992. Before D.W. NELSON, CYNTHIA HOLCOMB HALL and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Robert Gutstein appeals his conviction following a jury trial on charges of securities and wire fraud, and conspiracy to commit securities, wire and bank fraud. Gutstein contends that (1) the evidence presented at trial was insufficient to support his conviction of securities and wire fraud; (2) we must reverse his conspiracy conviction under the Carman rule; (3) the district court erred in admitting certain out of court statements by co-defendant Jacob Rubenstein; and (4) the trial court plainly erred by not giving a specific unanimity instruction regarding the objects of the conspiracy. None of Gutstein's arguments persuade…