United States v. Steven Hepburn

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Steven HEPBURN, Defendant-Appellant. No. 94-50288. United States Court of Appeals, Ninth Circuit. Submitted April 8, 1996. * Decided June 28, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges; VAN SICKLE, ** District Judge. 2 MEMORANDUM *** 3 Hepburn appeals his sentence following convictions for conspiracy and wire fraud. Hepburn was convicted based on his participation in a telemarketing scheme operated by his former employer, Finer Images Co. ("FI"). As part of the scheme, FI salespersons called small business owners and informed them that they had failed to claim a "valuable prize" that FI was holding for them in connection with a company promotion. Victims were told that in order to receive the prize, they needed to purchase "advertising specialties" sold by FI. The advertising specialties consisted of customized pens, baseball caps, t-shirts, and key…