Gordon

United States v. Gordon

Good Law
117 F. App'x 501
United States Court of Appeals for the Ninth CircuitNovember 17, 2004No. 03-50383, 03-50388California1,118 words

Opinion

Lead Opinion

MEMORANDUM *

In these consolidated appeals, Jonathan Gordon and Stephen Gordon 1 challenge their respective convictions and sentences for wire fraud involving deprivation of honest services, bank fraud, and false statements to a financial institution in connection with a check-kiting scheme. Stephen also appeals his conviction and sentence for conspiracy.

Jonathan argues that there was insufficient evidence to support his convictions. We review de novo the district court’s denial of his motion for judgment of acquittal under Federal Rule of Criminal Procedure 29(a). United States v. Naghani, 361 F.3d 1255, 1261 (9th Cir.2004). Sufficient evidence supports the convictions if, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the required elements of the offenses beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). This standard preserves the role of “the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts.” Id.

The government presented evidence to the jury that was…

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