Weaver

MEMORANDUM **

Sandra Weaver and Richard Buschman appeal from their conviction, following a bench trial, on multiple counts of mail fraud and one count each of equity skimming. The facts and prior proceedings are known to the parties; they are not cited herein, except as necessary.

In this disposition, we address only Weaver and Buschman’s mail fraud convictions. We consider their equity skimming convictions in a separate, concurrently filed opinion for publication.

We reject the appellants’ argument that the proof at trial amounted to a constructive amendment of the indictment warranting reversal. “[T]he divergence between the indictment and proof did not affect the sufficiency of the complaint or alter the crime charged. It did not constitute a constructive amendment.” United States v. Von Stoll, 726 F.2d 584, 587 (9th Cir.1984). Proof at trial did detail a scheme to defraud homeowners, whereas the indictment charged a scheme to defraud lenders; however, this “variance between indictment and proof does not require reversal unless it affects the [defendants’] substantial rights,” id. (quoting United States v. Kaiser, 660 F.2d 724, 730 (9th Cir.1981)) (internal quotation marks…