United States v. Doreen Woods, AKA Joann Barnes, United States of America v. Jason Garcia, AKA Michael Bennett

Doreen Woods and Jason Garcia were convicted of mail fraud, wire fraud, and money laundering based on their involvement in a telemarketing scheme. Woods and Garcia appeal their convictions for mail and wire fraud on the ground that the district court erroneously instructed the jury that no specific false statement was required. Woods also contends that the district court erred by taking judicial notice of a Federal Trade Commission (“FTC”) telemarketing rule. Finally, Woods challenges sentencing enhancements she received for having been a manager or supervisor and for having violated a judicial order. We affirm the convictions but vacate Woods’ sentence and remand for resentencing of Woods.

I. BACKGROUND

From 1995 to 1997, Woods and Garcia participated in a telemarketing scheme at a company in Orange County, California, known initially as Magazine Network and later as Magtopia, Inc. (“MTI”). The scheme solicited over one million dollars from more than 1,900 customers, many of them elderly. An “opener” would make initial contact with potential customers, telling them that they had been selected to win one of four awards: (1) a cashier’s check for $2,500, (2) a television…