Gladhart

MEMORANDUM *

Emily Sharon Gladhart and William David Gladhart appeal their convictions for making materially false statements to the Bank of Latah in connection with the renewal of a business loan to their corporation, Christy Manufacturing, Inc., in violation of 18 U.S.C. § 1014 . The Gladharts challenge the sufficiency of the evidence adduced at their trial, and they contend that they must be granted a new trial because of alleged prosecutorial misconduct that occurred before their grand jury. They also argue that the district court erred in denying them a bill of particulars and a special verdict form for the jury to indicate which statement or statements it unanimously found the Gladharts made in violation of § 1014. We affirm.

I. Sufficiency of the Evidence & Verdict Form

We review de novo the district court’s determination that the evidence was sufficient for a rational jury to find the essential elements of the offense beyond a reasonable doubt. See United States v. Carranza, 289 F.3d 634, 641 (9th Cir.2002). If a defendant testifies, a jury may disbelieve the testimony, see United States v. Scholl, 166 F.3d 964, 979 (9th Cir.1999), and may deem the untruthfulness of the…