United States v. John Kupka

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John KUPKA, Defendant-Appellant. No. 94-10224. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1995. Decided May 25, 1995. Before: CUMMINGS * , SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Following a jury trial, John Kupka was convicted of conspiracy to commit wire and mail fraud, 18 U.S.C. Sec. 371 , mail fraud and aiding and abetting, 18 U.S.C. Sec. 1341-42 , and wire fraud, 18 U.S.C. Sec. 1343 . We have jurisdiction, 28 U.S.C. Sec. 1291 , and affirm. 3 * Kupka contends that the court erred in concluding that, for the most part, he failed to make a prima facie case so as to shift to the government the burden of showing all of its evidence was untainted. We review the determination that the government's evidence was untainted by a grant of immunity for clear error. United States v. Montoya, 45 F.3d 1286, 1291 (9th Cir.…