Carroll

United States v. Carroll

Good Law
73 F. App'x 222
United States Court of Appeals for the Ninth CircuitAugust 6, 2003No. 02-50238; D.C. No. CR-00-00722-FMC-1California1,407 words

Opinion

Lead Opinion

MEMORANDUM *

Donald Ray Carroll appeals his judgment of conviction and sentence on conspiracy charges, in violation of 18 U.S.C. § 371 , as well as multiple counts of mail fraud, in violation of 18 U.S.C. § 1341 , wire fraud, in violation of 18 U.S.C. § 1343 , bank fraud, in violation of 18 U.S.C. § 1344 , and false representation of a Social Security number, in violation of 42 U.S.C. § 408 (a)(7)(B). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I.

Reviewing the matter de novo, and viewing the evidence in the light most favorable to the prosecution, United States v. Carranza, 289 F.3d 634, 641-42 (9th Cir.2002), we reject Carroll’s assertion that there was insufficient evidence to support his conviction on the fraud charges because his fraudulent statements to lenders were not material. A false statement is material “if it has a natural tendency to influence, or [is] capable of influencing, the decision of the decisionmaking body to which it was addressed, ____ [or] if a reasonable man would attach importance to its existence or nonexistence in determining his course of action.” United States v. Johnson, 297 F.3d 845 , 866 nn. 20-21 (9th Cir.2002) (internal…

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