Brazil

United States v. Brazil

Good Law
143 F. App'x 35
United States Court of Appeals for the Ninth CircuitAugust 1, 2005No. 03-50555; D.C. No. CR-02-00882-SVWCalifornia256 words

Opinion

Lead Opinion

MEMORANDUM **

Brazil was convicted of seven courts of mail fraud and seven counts of student financial assistance fraud, in violation of 18 U.S.C. § 1341 and 20 U.S.C. § 1097 . Brazil appealed, challenging (1) the sufficiency of the evidence supporting his conviction, and (2) the sentence enhancements that the district court applied.

We affirm the conviction because the evidence sufficiently supports the jury’s finding that Brazil committed mail fraud.

See 9th Cir.Crim. Jury Instr. 3.1 § 8.101 (2003); 18 U.S.C. § 1341 . Similarly, the evidence supports the jury’s federal financial aid fraud verdict.

20 U.S.C. § 1097 ; see also Bates v. United States, 522 U.S. 23 , 118 S.Ct. 285 , 139 L.Ed.2d 215 (1997).

Brazil asserts that he is entitled to be re-sentenced because the district court enhanced his sentence on the basis of factors not found by the jury. Pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), we “remand to the district court ... for the [limited] purpose of ascertaining whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory.” Id. at 1074 . On remand, the…

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