United States v. Roald Paul Nymark

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Roald Paul NYMARK, Defendant-Appellant. No. 93-30313. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Roald Paul Nymark appeals his conviction, which followed a jury trial, for wire fraud in violation of 18 U.S.C. Secs. 1343 , 2. Nymark claims, first, that the evidence was insufficient to show he deceived and defrauded the same victim, and, second, that the district court erred by refusing to instruct the jury that conviction required proof that he had deceived and defrauded the same victim. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 * Facts 4 Nymark, the owner of Space Tech Systems, Inc. (STSI), negotiated a contract with Confeccoes Texteis de Vouzela (CTV), a Portugese concern, which required him to deliver a shipment…