Perkins

MEMORANDUM **

Defendant Robert Perkins challenges his conviction for several counts of mail fraud and several counts of wire fraud. The counts arose out of his employment with Gecko Holdings, Inc. (Gecko), a fraudulent telephone-marketing business. Defendant argues that the evidence was insufficient to support his convictions and that the district court improperly instructed the jury on co-schemer liability. We affirm.

Viewed in the light most favorable to the prosecution, we conclude that the evidence was sufficient to allow a rational fact-finder to determine that Defendant was guilty beyond a reasonable doubt. See United States v. Hernandez-Guardado, 228 F.3d 1017, 1022 (9th Cir.2000) (stating standard).

There was evidence that Defendant made extensive misrepresentations to victims regarding Gecko, including that a non-existent Gecko manager had been involved in a successful Internet IPO; that he himself had been involved in that previous IPO; that his own father had invested funds in Gecko; that Goldman Sachs was interested in Gecko; and that Gecko was likely to go public at $8 or $9 a share. Also, Defendant received commission on fraudulent sales made under the name “Bob…