Gross

MEMORANDUM **

OVERVIEW

Bernard Gross (“Gross”) was convicted on three counts of making false statements on bankruptcy forms in violation of 18 U.S.C. § 152 (3) and 18 U.S.C. § (2)(b). On appeal, Gross argues that the district court erred by: 1) denying his motion to dismiss the indictment alleging prosecuto-rial misconduct during the grand jury proceedings; 2) denying his motion for a new trial alleging prosecutorial misconduct during the government’s rebuttal closing; 3) denying his motion for a new trial alleging false statements by the government to the court; 4) denying his proposed jury instructions on willfulness; and 5) applying the incorrect United States Sentencing Guidelines provisions (“USSG”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The facts and procedural history are familiar to the parties and need no recitation.

DISCUSSION

1. Prosecutorial Misconduct During The Grand Jury Proceedings

A jury convicted Gross of the charges listed in the indictment, thus, “ ‘any error in the grand jury proceeding connected with the charging decision [is deemed] harmless beyond a reasonable doubt.’” Guam v. Muna, 999 F.2d 397, 399 (9th Cir.1993)…