Shwayder

United States v. Shwayder

Good Law
52 F. App'x 886
United States Court of Appeals for the Ninth CircuitDecember 5, 2002Nos. 01-10156, 01-10176, 01-10186; D.C. No. CR-96-00288-PMP/RJJCalifornia1,981 words

Opinion

Lead Opinion

*888 MEMORANDUM **

Kevin Orton and Michael G. Swan were each convicted of racketeering; RICO conspiracy; conspiracy; and multiple counts of securities fraud, wire fraud, and money laundering. Orton appeals his convictions and sentence, and Orton and Swan both challenge the amount of restitution ordered by the district court. We affirm on all issues discussed in this memorandum. 1 Because the parties are familiar with the facts, we recount them here only as necessary to explain our decision.

1. Issues Relating Only to Orton

A. Sufficiency of the Evidence

Orton maintains that he was never aware of the illegal purpose behind the merger, the payments to brokers, or the accounts and ventures that he created at Swan’s instruction. Viewing the evidence in the light most favorable to the prosecution, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Orton had the requisite intent to commit the offenses of which he was convicted. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

Orton contends that he did not know the illegal purpose of activities involving accounts of various companies that were used to further…

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