United States v. Kent Harper

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kent HARPER, Defendant-Appellant. No. 93-10495. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1994. Decided Aug. 15, 1994. Before: FERNANDEZ, RYMER and T.G. NELSON, Circuit Judges MEMORANDUM * Kent Harper appeals his jury conviction for mail fraud, equity skimming and conspiracy to commit mail fraud and equity skimming in violation of 18 U.S.C. Secs. 371 and 1341, 12 U.S.C. Sec. 1709-2 , and 18 U.S.C. Sec. 2 . 1 We affirm his convictions. A. Sufficiency of the Indictment To adequately allege a violation of the mail fraud statute, the indictment must contain sufficient facts from which two elements can be found: (1) the formation of a scheme or artifice to defraud, and (2) use of the mails in furtherance of that scheme. United States v. Mitchell, 744 F.2d 701, 703 (9th Cir.1984). The indictment alleges those elements. We have held that…