United States v. Calway Cauley

MEMORANDUM

Calway William Cauley appeals his convictions of conspiracy to commit bank and mail fraud, in violation of 18 U.S.C. § 1349 , and mail fraud and aiding and abetting, in violation of 18 U.S.C. §§ 2 and 1341, as charged in Counts One and Two of the Second Superceding Indictment. The government cross-appeals the district court’s denial of the government’s motion to enter an in personam criminal forfeiture money judgment. We affirm Cauley’s convictions but reverse and remand the district court’s denial of the government’s motion to order forfeiture in light of United States v. Newman, 659 F.3d 1235 (9th Cir.2011). Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

Sufficient evidence in the record supports Cauley’s convictions as charged in Counts I and II of the second superced-ing indictment. Cauley’s sufficiency-of-the-evidence challenge to his convictions succeeds “only if, viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Lo, 231 F.3d 471, 475 (9th Cir.2000).…