Lippert

United States v. Lippert

Good Law
324 F. App'x 572
United States Court of Appeals for the Ninth CircuitApril 16, 2009No. 08-30255California401 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Scott Lippert appeals his conviction for mail fraud under 18 U.S.C. § 1341 , and fraud to gain federal employees’ compensation under 18 U.S.C. § 1920 . All charges related to his claims for federal disability benefits. He challenges the sufficiency of the evidence. We affirm.

Lippert argues he did not cause the mailing of forms required to maintain eligibility for federal disability benefits. As to Count One, he contends there was no direct evidence he induced the July 1, 2000 mailing of a blank eligibility form concerning his employment and income for the previous 15 months. But Lippert was required to complete, certify and return the three mailed eligibility forms in order to qualify for disability payments in 2000, 2001, and 2002.

We must view the evidence in a light most favorable to the government. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003). Trial testimony supported a reasonable inference that by fraudulently seeking disability benefits, Lippert caused the mailing of eligibility forms required by law. 5 U.S.C. § 8106 ; 20 C.F.R. § 10.528 . The mailing of the…

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.