Neusom

MEMORANDUM **

Defendant James Isaac Neusom appeals his jury conviction and sentence for theft of government property in violation of 18 U.S.C. § 641 and Social Security fraud in violation of 42 U.S.C. § 408 (a)(4). Neusom makes numerous arguments. We reject them and affirm.

Because the parties are familiar with the facts, we do not recite them in detail. A jury found Neusom guilty. On August 2, 2004, the district court sentenced him to five years’ probation, including fifty hours of community service, and ordered him to pay $30,547.80 in restitution. Neusom filed a timely notice of appeal, and we have jurisdiction under 28 U.S.C. § 1291 .

Neusom first argues there was insufficient evidence to find he committed Social Security fraud under 42 U.S.C. § 408 (a)(4). He argues the statute only applies to representative payees, which he was not. We find nothing in the plain language or legislative history of the statute to support this reading.

Second, Neusom alleges the prosecution constructively amended the indictment. He did not preserve his claim so we review for plain error. The prosecutor’s improper remarks were not plain error when the district court properly charged and…