United States v. Marvin Morris Mitchelson

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Marvin Morris MITCHELSON, Defendant-Appellant. No. 93-50279. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 10, 1995. Decided March 29, 1995. 1 Before: CANBY and NOONAN, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 The parties are familiar with the facts of the case; we shall not recite them here. The district court did not err in admitting evidence of Mitchelson's extravagant spending, his debts, or his tax history. Nor did it err in refusing Mitchelson's proffered jury instructions on the definition of willfulness as it pertained to his charged offense. Further, the district court avoided any possible double jeopardy problems by sentencing Mitchelson to concurrent sentences on both the pre- and post-guideline counts of his conviction. Finally, the court had sufficient evidence before it in the record that Mitchelson may…