Sullivan

MEMORANDUM *

Glenn Herman Sullivan appeals his conviction and sentence for interstate transportation of property stolen, converted, or taken by fraud, and money laundering, in violation of 18 U.S.C. §§ 2314 and 1956(a)(l)(B)(i) (2000).

First, Sullivan argues that insufficient evidence existed to convict him of fraud and money laundering because the government did not prove that he stole, converted, or took Costamagna’s money by fraud. We conclude that the evidence is sufficient to demonstrate that Sullivan intended to defraud Costamagna, United States v. Peters, 962 F.2d 1410, 1414 (9th Cir.1992), based on the circumstances surrounding the payments requested for the QAP transaction, Sullivan’s financial situation at the time, the timing of his home purchase payments, and Sullivan’s commingling of personal and business finances.

Second, we determine that the prosecutor did not commit “flagrant misconduct,” United States v. Al Mudarris, 695 F.2d 1182, 1185 (9th Cir.1983), by not presenting exculpatory evidence, United States v. Williams, 504 U.S. 36, 55 , 112 S.Ct. 1735 , 118 L.Ed.2d 352 (1992), relying on hearsay testimony, Al Mudarris, 695 F.2d at 1185 , or using leading…