Davis

United States v. Davis

Good Law
172 F. App'x 175
United States Court of Appeals for the Ninth CircuitMarch 21, 2006Nos. 04-50477, 04-50537California1,194 words

Opinion

Lead Opinion

MEMORANDUM *

Kelli Davis, aka Kelli Anne Peterson (“Peterson”), appeals her convictions following a jury trial for six counts of wire fraud under 18 U.S.C. § 1343 . The government cross-appeals Peterson’s sentence of six-months’ imprisonment. The facts and procedural history are known to the parties and we do not recount them here.

First, the evidence introduced at trial was sufficient to support Peterson’s conviction. Jackson v. Virginia, 448 U.S. 307, 319, 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Based on her experience in the real estate industry and the underlying scheme itself, see United States v. Serang, 156 F.3d 910, 914 (9th Cir.1998); United States v. Hubbard, 96 F.3d 1223, 1230 (9th Cir.1996), a reasonable trier of fact could conclude beyond a reasonable doubt that Peterson knew or should reasonably have foreseen the use of a wire transmission in the ordinary course of business. See Pereira v. United States, 347 U.S. 1, 8-9 , 74 S.Ct. 358 , 98 L.Ed. 435 (1954).

Second, the district court did not abuse its discretion in admitting into evidence the Department of Housing and Urban Development’s (“HUD”) limited denial of participation letters. See United States v. Murillo,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.