United States v. Harmon

MEMORANDUM *

Harley Harmon appeals the district court’s judgment of conviction on thirty-four counts of mail fraud and his resulting sentence of fifty-seven months imprisonment. We have jurisdiction under 28 U.S.C. § 1291 and we affirm the conviction, but vacate the sentence and remand for resentencing.

Harmon first argues that there was insufficient evidence to support his conviction on any count. In addressing a sufficiency of the evidence challenge, we must determine de novo whether, “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); see also United States v. LeVeque, 283 F.3d 1098, 1102 (9th Cir.2002) (‘We review de novo claims of insufficient evidence.”). Under 18 U.S.C. § 1341 , “the essential elements of mail fraud are (1) a scheme to defraud, and (2) a knowing use of the mail to execute the scheme.” United States v. Beecroft, 608 F.2d 753, 757 (9th Cir.1979). The first element requires “the government [to] demonstrate specific intent to defraud” by showing…