United States v. John Burns

MEMORANDUM

John Evan Burns (“Burns”) appeals his jury trial conviction for making false statements for the purposes of influencing a bank, under 18 U.S.C. § 1014 , in connection with accounts receivable reports he submitted to Northrim Bank (“Northrim”) under the terms of a revolving line of credit he used to finance his upfront expenses. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

I. Sufficiency of Evidence

Reviewing de novo the district court’s ruling on Burns’ motion for judgment of acquittal based on insufficient evidence, United States v. Berry, 683 F.3d 1015, 1020 (9th Cir.2012), we conclude there was sufficient evidence for a rational jury to find the essential elements of a § 1014 conviction beyond a reasonable doubt. See United States v. Nevils, 598 F.3d 1158, 1161 (9th Cir.2010) (en banc) (citing Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979)). A § 1014 conviction requires a false statement, its falsity known by the defendant, made for the purpose of influencing a bank in any way. Pay estimates and trial testimony from the general contractors with whom Burns worked, though not in every situation perfect substitutes for the…