United States v. Richard Chester Fabiniak

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard Chester FABINIAK, Defendant-Appellant. No. 94-50299. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided Aug. 2, 1995. 1 Before: BROWNING and BEEZER, Circuit Judges and HAGGERTY, District Judge. 1 MEMORANDUM 2 2 Defendant appeals from a jury conviction for conspiracy, six counts of mail fraud, and three counts of interstate transportation of property obtained by fraud. Defendant contends on appeal that the district court impermissibly enlarged the scope of his indictment when it gave to the jury a pattern instruction on fraud that included immaterial language pertaining to "intangible rights." Defendant also asserts that the district court erred by refusing to give a multiple conspiracy instruction, and alternatively, that these predicate errors render the conspiracy instruction given by the court improper. We affirm.…