United States v. Paul Suren Mosesian

45 F.3d 437 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul Suren MOSESIAN, Defendant-Appellant. No. 94-10161. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1994. * Decided Dec. 20, 1994. Before: GOODWIN, FARRIS, and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Paul Suren Mosesian appeals both his conviction and 30-month sentence, following remand from this Court for resentencing. Mosesian was previously convicted of mail fraud and conspiracy to commit mail fraud in violation of 18 U.S.C. Secs. 371 , 1341. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Mosesian contends that the district court lacked jurisdiction because: (1) the "sham" contract did not constitute a federal offense, or, alternatively, the statute of limitations expired before the issuance of the indictment; and (2) the indictment was not returned in open court (i.e., with spectators in the courtroom). Because an…