Gibbons

MEMORANDUM *

Appellant Dale D. Gibbons appeals his conviction for wire fraud and conspiracy to commit wire fraud, his sentence of 60 months of imprisonment, 3 years of supervised release, and an order to pay restitution in the amount of $449,935.76. The facts and procedural history are known to the parties, and we do not repeat them here.

First, a rational trier of fact could have found the elements of the offenses proven beyond a reasonable doubt. See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). Viewing the evidence in the light most favorable to the government, a rational juror could conclude that the lending institutions were unaware of the fraudulent activity, even though in two cases a lender employee was apparently aware of the fraud. Particularly compelling is the evidence suggesting that appellant and his co-conspirators routinely submitted false and dishonest documents to lenders to facilitate the fraudulent activity.

Second, applying the four factors articulated in United States v. Fernandez, 388 F.3d 1199, 1241 (9th Cir.2004), the district court did not abuse its discretion by refusing to sever appellant’s trial from that of his…