United States v. Ezri Namvar

FILED

UNITED STATES COURT OF APPEALS MAR 26 2013

MOLLY C. DWYER, CLERK

FOR THE NINTH CIRCUIT U .S. C O U R T OF APPE ALS

UNITED STATES OF AMERICA, No. 11-50447

Plaintiff - Appellee, D.C. No. 2:10-cr-01055-PA-1 Central District of California, v. Los Angeles

EZRI NAMVAR, AKA Ezri Namvar Moghadam, ORDER

Defendant - Appellant.

Before: BRIGHT,1* GRABER, and IKUTA, Circuit Judges.

The memorandum disposition filed in this case on November 20, 2012 is

amended by deleting the following text immediately after the word “fraud,” on

page 3, line 14 of the text of the memorandum:

“because so long as “‘a scheme is devised with the intent to defraud,’” it is

immaterial that “there is no misrepresentation of a single existing fact.” United

States v. Woods, 335 F.3d 993, 998 (9th Cir. 2003) (emphasis omitted) (quoting

Lustiger v. United States, 386 F.2d 132, 138 (9th Cir. 1967)).”

* The Honorable Myron H. Bright, Senior Circuit Judge for the Eighth Circuit, sitting by designation. Additionally, the following text,…