United States v. Daniel Steward

92 F.3d 1195 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Daniel STEWARD, Defendant-Appellee. No. 95-10193. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 1995. Decided Aug. 1, 1996. 1 Before: O'SCANNLAIN and LEAVY, Circuit Judges, MOSKOWITZ, * District Judge. 2 MEMORANDUM ** 3 Daniel Steward appeals his jury conviction and sentence under the Sentencing Guidelines for making a false statement to the Farmers Home Administration ("FmHA"), in violation of 18 U.S.C. § 1014 . We affirm in part and reverse in part. 4 * Count I of the indictment charged Steward with making false statements to the FmHA by informing the agency that he had received an offer of $200,000 when the offer was actually the stated price" on attached escrow instructions which recited an expected receipt of cash through escrow of $200,000. Steward contends that while he failed to advise the FmHA that he had received a…