David

MEMORANDUM ***

1. There was sufficient evidence to support Daniel David’s (David) mail fraud conviction. The government was not required to prove any specific false statements, only that David devised a scheme with the intent to defraud, and used the mails to execute that scheme. See United States v. Woods, 335 F.3d 993, 998 (9th Cir.2003). David’s “convergence” argument fails because the scheme to defraud necessarily encompassed both the supplier of the payphone lines as well as the 800-number subscribers.

*566 2. The district court properly rejected David’s proffered jury instructions and verdict forms. See United States v. Goland, 959 F.2d 1449, 1453 (9th Cir.1992) (“A trial judge may refuse an instruction if its language gives undue emphasis to defendant’s version of the facts rather than being a statement of appropriate principles of the law for the jury to apply the facts, or if it would tend to influence the jury toward accepting the defendant’s version of the facts.”) (citation, internal quotation marks, and alteration omitted).

The instructions properly stated the requisite elements for a mail fraud offense, as the government was not required to prove any specific…