Bennett

MEMORANDUM **

Scott Bennett (01-10575), David Bennett (01-10576), and Ellen Bennett (01-10689) appeal their convictions, after a joint trial, for one count of conspiracy to defraud the United States, 18 U.S.C. § 371 , and David Bennett also appeals his sentence. We affirm.

Claims of insufficient evidence are reviewed de novo. See United States v. Antonakeas, 255 F.3d 714, 723 (9th Cir.2001). Viewed in the light most favorable to the prosecution, we conclude that the government presented ample evidence to establish that Scott and Ellen Bennett intended to commit fraud. Although they claim that they believed Arthur when he said that the staged death was part of a government-approved overseas covert operation, they knew that Arthur did not go anywhere but stayed in this country and indeed went on a vacation with the family. Nevertheless, Scott and Ellen Bennett asked no questions and continued to share in the illegally obtained government benefits.

Whether a trial court’s instruction adequately covered a defendant’s proffered defense is reviewed de novo. See United States v. Pierre, 254 F.3d 872, 875 (9th Cir.2001). David and Ellen Bennett argue the district court failed to accept…