United States v. Murray I. Brooks, United States of America v. Croft Ireland

62 F.3d 1425 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Murray I. BROOKS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Croft IRELAND, Defendant-Appellant. Nos. 93-50121, 93-50122. United States Court of Appeals, Ninth Circuit. Submitted July 11, 1995. * Decided July 28, 1995. Before: FARRIS and O'SCANNLAIN, Circuit Judges; TASHIMA, ** District Judge. MEMORANDUM *** Murray Brooks and Croft Ireland appeal their convictions and sentences for securities fraud, wire fraud, and conspiracy. Brooks also appeals his restitution order. We affirm. * Both Brooks and Ireland argue that the "units" they sold in Gold Hill '88 were sale-of-goods contracts and not securities. As a result, they claim, the district court erred (a) by denying their pretrial motions to dismiss the securities fraud counts, and (b) by giving an erroneous jury instruction on the definition of a "security." * A "security" within the…