United States v. Mike Waseleski

MEMORANDUM

Mike Waseleski appeals his jury conviction for conspiracy to commit an offense against the United States, in violation of 18 U.S.C. § 371 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Waseleski argues that the government failed to prove the existence of the single conspiracy alleged in the indictment, and that he suffered prejudice as a result of the variance between the conspiracy alleged in the indictment and the government’s proof at trial. We conclude that the evidence, taken in the light most favorable to the government, was sufficient for the jury to find the existence of a single conspiracy. United States v. Duran, 189 F.3d 1071,1078 (9th Cir.1999).

First, there was substantial evidence “that an overall agreement existed among the conspirators.” United States v. Bibbero, 749 F.2d 581, 587 (9th Cir.1984). For the duration of the card-cheating scheme, the same key members of the Tran Organization recruited and trained dealers from casinos to participate in their venture, played card games at cooperating dealers’ tables when these dealers executed the false shuffle, and utilized this technique to track cards and make winning bets. Duran, 189 F.3d…