United States v. Kevin Borkowski

97 F.3d 1461 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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, Plaintiff-Appellee, v. Kevin BORKOWSKI, Defendant-Appellant. Nos. 95-10480, 95-10481. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1996. Decided Sept. 19, 1996. As Amended on Denial of Rehearing Oct. 25, 1996. 1 Before: NOONAN, THOMPSON, Circuit Judges, HAGEN * , District Judge 2 MEMORANDUM ** 3 On July 28, 1993, in the United States District Court for the Northern District of California, a jury found Kevin Borkowski guilty of four counts of mail fraud. On October 31, 1995, the court sentenced him to sixty months imprisonment and ordered payment of $44,311.69 in restitution to the victim's estate. Borkowski appeals his conviction for mail fraud on two grounds, and his sentence on three grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the district court in all respects. I. Mail Fraud Instruction 4 Borkowski argues that the court's…