Barton

MEMORANDUM **

George Barton (Barton) appeals his conviction and sentence for wire fraud, 18 U.S.C. § 1343 . We affirm Barton’s conviction, but vacate his sentence and remand the case for resentencing.

In response to Barton’s contention that the district court committed reversible error when it allowed the testimony from two of Barton’s depositions (September 1997 and October 1998) to be read into the record, we hold the district court did not abuse its discretion. The deposition testimony was relevant to the central issue of the case, ie., Barton’s financial condition, and therefore was admissible. See United States v. Hankey, 203 F.3d 1160, 1166 (9th Cir.2000) (“A district court’s evidentiary rulings during trial are reviewed for abuse of discretion.”).

With regard to Barton’s contention that there is insufficient evidence in the record to support his conviction, we hold Barton is not entitled to relief. The government presented evidence that, in telephone calls and facsimile transmissions, Barton falsely claimed to own over $300,000 in farm equipment to obtain a loan. Viewing the evidence in the light most favorable to the government, the jury could have found the essential…