Hiralal

MEMORANDUM *

Rama and Veena Hiralal appeal their convictions and sentences after a jury trial on charges of conspiracy to defraud the United States, in violation of 18 U.S.C. § 371 , and making false statements to an agency of the United States, in violation of 18 U.S.C. § 1001 . Rama Hiralal was also convicted of possession of a counterfeit alien registration card, 18 U.S.C. § 1546 (a), and possession of a counterfeit social security card, 18 U.S.C. § 1028 (a).

The government first asks us to exercise our discretion to dismiss the appeal under the fugitive disentitlement doctrine. We decline to do so. They were fugitives for only a short time and were in custody by the time their appeals were reinstated. There was no prejudice to the government or the court. Cf. United States v. Sudthisa-Ard, 17 F.3d 1205, 1206 (9th Cir.1994).

Before trial, the Hiralals sought suppression of evidence obtained pursuant to a search warrant authorizing a search of their office. They contended that the warrant was overbroad.

The affidavit filed in support of the application for the search warrant and incorporated by reference in the search warrant provided probable cause to believe that the…