Hymes

MEMORANDUM **

Donald Louis Hymes appeals pro se his jury conviction and sentence for mail fraud ( 18 U.S.C. § 1341 ), receiving mail addressed to a false name ( 18 U.S.C. § 1342 ), conversion of money of the United States ( 18 U.S.C. § 641 ), money laundering ( 18 U.S.C. § 1956 (a)(1)(B)®), and criminal contempt of court ( 18 U.S.C. § 401 (3)). We have jurisdiction under 28 U.S.C. § 1291 . We affirm the conviction and remand for resentencing.

Hymes contends that the mail fraud counts were barred by the applicable five-year statute of limitations, 18 U.S.C. § 3282 , because the mail fraud scheme began more than five years before the indictment. We disagree. The statute of limitations for a crime does not begin to run until each element of the charged offense has occurred. See United States v. Beardslee, 197 F.3d 378, 385 (9th Cir.1999). In the case of mail fraud, the crime is not complete until the defendant uses the mail or causes the mail to be used in execution of the scheme to defraud. See id.

Hymes next contends that the district court abused its discretion in denying his motion to recuse the trial judge. We are not persuaded. The district court did not abuse its discretion…