United States v. Butler

MEMORANDUM *

Marvin Butler appeals his jury conviction and sentence for sixteen counts of mail fraud, money laundering, and tax offenses. We have jurisdiction under 28 U.S.C. § 1291 . We AFFIRM the convictions, but VACATE Butler’s sentence and REMAND for resentencing for the reasons set forth in a concurrently-filed opinion.

I.

Butler argues that the district court abused its discretion by granting the Government’s motion to take a videotaped deposition from witness Dale Barr pursuant to Federal Rule of Criminal Procedure 15. Butler does not dispute that Barr’s ill-health made it impossible for him to travel to testify in person. He claims that the motion was untimely, but points to no way in which any delay prejudiced his case. He cites no case in which a district court’s grant of a Rule 15 motion was held to be an abuse of discretion. See United States v. Nichols, 534 F.2d 202, 204 (9th Cir.1976) (per curiam) (affirming denial of Rule 15 motion). We hold that the district court acted within its discretion.

II.

Butler claims that the jury’s convictions on Counts Two and Seven, both mail fraud charges, were not supported by sufficient evidence. See Jackson v. Virginia, 443…