Francis

United States v. Francis

Good Law
3 F. App'x 583
United States Court of Appeals for the Ninth CircuitJanuary 23, 2001No. 99-50459; D.C. No. CR-98-00088-CM-05California1,126 words

Opinion

Lead Opinion

MEMORANDUM *

Brian Francis appeals from his conviction and sentence for four counts of mail fraud pursuant to 18 U.S.C. § 1341 and six counts of wire fraud pursuant to 18 U.S.C. § 1343 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the conviction, but reverse and remand for re-sentencing as to the amount of restitution. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

1. Francis claims that the evidence presented was not sufficient to prove that he had a specific intent to defraud investors. “We review the sufficiency of the evidence by viewing it in the light most favorable to the prosecution and asking whether ‘any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.’ ” United States v. Blitz, 151 F.3d 1002, 1006 (9th Cir.1998) (quoting Jackson v. Virginia, 443 *585 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). This is a high burden for a defendant to meet on appeal, and the defendant in this case does not satisfy it.

Making extensive misrepresentations with the knowledge that they are false is sufficient evidence…

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