United States v. Brent M. Oesterblad, United States of America v. David Oesterblad

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Brent M. OESTERBLAD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. David OESTERBLAD, Defendant-Appellant. Nos. 92-10383, 92-10384. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1993. * Decided Nov. 18, 1993. Before: NORRIS, HALL, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Brent and David Oesterblad appeal the denial of their motions to dismiss the indictment, which charged them with conspiracy, mail fraud and wire fraud in violation of 18 U.S.C. Secs. 371 , 1341, 1343. Brent Oesterblad also appeals his sentence. 3 * Appellants contend that the conduct alleged in the indictment does not constitute a scheme or artifice with the specific intent to defraud Pan American World Airways, Incorporated (Pan Am) of property. The indictment alleged that the air travel awards were "unearned and fraudulently accrued,"…