Dejanu

MEMORANDUM **

Phongsoon Dejanu, aka Peter Dejanu (“Dejanu”), appeals his jury conviction and his 110-month sentence imposed after a jury convicted him on ten out of fourteen *496 counts of bank fraud, making false statements to a foreign bank, wire fraud, bankruptcy fraud, failure to appear for trial, and criminal forfeiture. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction and grant a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).

In ancillary proceedings, appellant Michael J. Kissinger (“Kissinger”) appeals the district court’s denial of his third-party petition to amend an order of criminal forfeiture resulting from Dejanu’s conviction. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

A. Appellant Dejanu

Dejanu was convicted, after a lengthy jury trial, of charges stemming from misrepresentations contained in an application submitted by Dejanu for two bank loans used to finance the purchase of real property. Dejanu argues 1 that his conviction must be reversed because (1) a fatal variance or constructive amendment occurred at trial on one of the bank fraud counts, (2) insufficient evidence…