Reed

United States v. Reed

Good Law
147 F.3d 1178·98 Daily Journal DAR 7493·1998 WL 372749·1998 U.S. App. LEXIS 15043·98 Cal. Daily Op. Serv. 5342
United States Court of Appeals for the Ninth CircuitJuly 7, 1998Nos. 97-10053, 97-10072California1,835 words

Opinion

Lead Opinion

Beezer, J.

Norman Reed appeals his conviction and sentence for conspiracy, mail fraud and perjury. See 18 U.S.C. §§ 371 , 1341 and 1623. Reed was convicted after a 24 day trial and sentenced to 57 months imprisonment. The government cross-appeals the district court’s application of the sentencing guidelines. This court has jurisdiction to hear the direct appeal pursuant to 28 U.S.C. § 1291 and the cross-appeal pursuant to 18 U.S.C. §§ 3742 (a) & (b).

We resolve all but one of the claims in this appeal and cross-appeal in a memorandum disposition filed contemporaneously with this opinion. In that memorandum, we affirm Reed’s conviction and remand for resentenc-ing with instructions to the district court to consider “intended loss” pursuant to U.S.S.G. § 2F1.1. Resolution of Reed’s argument that the district court erred in using a special verdict for his perjury conviction, however, merits publication. We hold that the district court did not err in submitting a special verdict form to the jury.

I

Reed, a Las Vegas attorney, was involved in an insurance fraud scheme. The conspiracy was launched from a medical clinic in Las Vegas, Nevada. Associates at the clinic and their recruits…

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