United States v. Darin French

MEMORANDUM

Darin Jerome French (“French”) appeals from his conviction and sentence for mail fraud, wire fraud, and money laundering resulting from his role in a scheme that defrauded Internet customers out of over a million dollars. French contends there was insufficient evidence to support his mail and wire fraud convictions, the jury was instructed improperly on the money laundering counts, and his 150-month sentence was unreasonable. We affirm in part, reverse in part, and remand.

I

French argues that insufficient evidence supported the jury’s verdict on the mail and wire fraud counts because the Government did not meet its burden of proving that he intended to defraud his customers. “ ‘Claims of insufficient evidence are reviewed de novo.’” United States v. Sullivan, 522 F.3d 967, 974 (9th Cir.2008) (quoting United States v. Ship sey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004)). If, however, “a defendant does not preserve a claim of sufficiency of the evidence by failing to make a motion for acquittal at the close of the evidence, the review is deferential, requiring reversal only upon plain error or to prevent a manifest injustice.” United States v. Delgado, 357 F.3d 1061,…