United States v. Hassan Swaid

MEMORANDUM

Hassan Swaid appeals his jury conviction for conspiracy, interstate transportation of stolen property (“ITSP”), and structuring transactions for the purpose of evading a reporting requirement (“structuring”). Swaid contends that evidence is insufficient to uphold the convictions for ITSP and structuring and that reversal of any one of these substantive counts requires reversing his conspiracy conviction. He also challenges his conviction for ITSP on the ground that it constituted a constructive amendment to the indictment. Last, Swaid claims that his trial counsel was constitutionally inadequate when he failed to introduce evidence at his motion for a new trial. Because the parties are familiar with the facts, we repeat them only as necessary to support the decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Swaid contends that his conviction for interstate transportation of stolen property is not supported by sufficient evidence. We review the claim de novo. See United States v. Stewart, 420 F.3d 1007, 1014 (9th Cir.2005). However, we view the evidence presented at trial in the light most favorable to the prosecution and “determine whether this…