Green

Green appeals his conviction and sentence for conspiracy to defraud the United States, 18 U.S.C. § 286 , and nine counts of making false claims against the United States, 18 U.S.C. § 287 .

Green first contends that the trial court erred by refusing to give his proposed good faith instruction. We have repeatedly held “[t]he failure to give an instruction on a ‘good faith’ defense is not fatal so long as the court clearly instructed the jury as to the necessity of ‘specific intent’ as an element of the crime.” 1 Here the instructions on specific intent were adequate and, therefore, there was no error. Arthur Andersen v. United States 2 is factually distinguishable and the statute of conviction differs materially from the statute in that case.

Green’s argument that he was entitled to a jury determination by a beyond a reasonable doubt standard on the amount of loss cannot withstand United States v. Booker.

Green’s argument that, under Booker, only a jury should be allowed to make the factual findings underlying a restitution order fails under United States v. Bussell. 4 “In contrast to its application of the Sentencing Guidelines, the district court’s orders of restitution and…