Abbas

MEMORANDUM **

Convicted by a jury of conspiracy, wire fraud, and making false statements to a government official, Appellant Asif Abbas (“Abbas”) appeals, arguing that his convictions were not supported by sufficient evidence and that the record on this direct appeal is sufficiently developed to demonstrate that his trial counsel — who stipulated to the admissibility of all of the government’s exhibits and failed to object to a significant amount of hearsay testimony— was constitutionally ineffective.

Sufficient evidence supported Abbas’s wire fraud conviction. See United States v. Mosley, 465 F.3d 412, 414-15 (9th Cir.2006). Viewing the evidence in the light most favorable to the government, a rational trier of fact could have found that: (1) Abbas himself sent the false credit reference to DigiKey; Abbas, as well as Agent Nugent and co-defendant Jan, testified that “Joseph” — the name appearing on the credit reference — was a nickname used by Abbas; and (2) the false credit reference was sent via the interstate wires; the credit reference was presented at trial bearing a fax header showing that it was faxed from Abbas’s company, ACT.

Moreover, even if Abbas had not waived his…