McCormick

United States v. McCormick

Good Law
72 F.3d 1404·95 Daily Journal DAR 17156·1995 WL 758830·1995 U.S. App. LEXIS 36634·95 Cal. Daily Op. Serv. 9863
United States Court of Appeals for the Ninth CircuitDecember 27, 1995Nos. 94-10429, 94-10430California3,259 words

Opinion

Lead Opinion

Thompson, J.

Thomas Michael McCormick and Tracy L. McCormick appeal their convictions for a number of offenses arising out of the creation and use of the identity “Michael Parris Boner”. A jury convicted both of the McCor-micks of bankruptcy fraud, in violation of 18 U.S.C. § 152 . Thomas alone was convicted of: (1) fraudulent use of a social security number, in violation of 42 U.S.C. § 408 (g)(1); (2) use of a false identification document, in violation of 18 U.S.C. § 1028 (a)(4); (3) access device fraud, in violation of 18 U.S.C. § 1029 (a)(1); (4) false statement to a bank, in violation of 18 U.S.C. § 1014 ; and (5) making a false statement in a passport application, in violation of 18 U.S.C. § 1542 .

We have jurisdiction under 28 U.S.C. § 1291 . We affirm all the convictions of Thomas Michael McCormick, and we reverse the conviction of Tracy L. McCormick.

I

THOMAS MICHAEL McCORMICK

A. Bankruptcy Fraud

Thomas Michael McCormick challenges his conviction for bankruptcy fraud on the ground that the evidence was insufficient to establish beyond a reasonable doubt that he fraudulently concealed a checking account in the name of “Michael Boner” at the Valley Bank.

Evidence is sufficient to…

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