Cooley

MEMORANDUM *

Defendants-Appellants Charles Joseph Fain (“Fain”) and Catherine Cooley (“Cooley”), who were tried together, each were convicted in a bench trial of one count of conspiracy in violation of 18 U.S.C. § 371 , four counts of mail fraud in violation of 18 U.S.C. § 1341 , and six counts of bank fraud in violation of 18 U.S.C. § 1344 . On appeal, Fain and Cooley challenge the sufficiency of the evidence supporting their convictions, the district court’s calculation at sentencing of their offense levels and of the amount of loss, and the district court’s decision to depart upward as to Fain’s criminal history and offense level. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Appellants argue that there was insufficient evidence to support their convictions for mail fraud because all of the mailings at issue — i.e., the mailing of the recorded documents to the companies that the appellants owned — took place after the fraudulent conduct — i.e., the fraudulent transfers, which were effected by recording the various documents, not by their subsequent mailing. However, the law does not require that the mailings come first, so long as they are “part of the…