Harris

United States v. Harris

Good Law
349 F. App'x 204
United States Court of Appeals for the Ninth CircuitOctober 21, 2009No. 09-30025California489 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Wendi Leigh Harris (Harris) challenges her conviction and sentence for *205 falsely representing herself as a federal agent and detaining two individuals in violation of 18 U.S.C. § 913 .

1. The indictment was sufficient, because it provided ample notice of the charges against Harris and did not allege a non-existent offense. See United States v. Awad, 551 F.3d 930, 936-37 (9th Cir.2009) (“[T]he question is not whether the indictment could have been framed in a more satisfactory manner, but whether it meets minimum constitutional standards.”) (citation omitted).

2. The district court properly denied Harris’ proffered instruction defining the term “detention,” as it was unsupported by the law and the evidence adduced at trial. See United States v. Johnson, 459 F.3d 990, 992 (9th Cir.2006) (“A criminal defendant is entitled to a proposed jury instruction only if it is supported by law and has some foundation in evidence.”) (citation and internal quotation marks omitted).

3. There was sufficient evidence supporting Harris’ conviction, because “viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found…

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