Southerland

MEMORANDUM **

Billy Southerland (“Southerland”) appeals his jury conviction for two counts of mail fraud and one count of wire fraud and the sentence imposed thereon. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

There was sufficient evidence to sustain the convictions. The record evidence is sufficient to support a conviction if, when viewed in the light most favorable to the prosecution, it would allow any rational trier of fact to find the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979); United States v. Shipsey, 363 F.3d 962 , 971 n. 8 (9th Cir.2004).

Under the relevant statutes, 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. § 1343 (wire fraud), “the essential elements” are: “(1) a scheme to defraud, and (2) a knowing use of the mail to execute that scheme.” United States v. Beecroft, 608 F.2d 753, 757 (9th Cir.1979). To demonstrate the first element, the fraudulent scheme, the prosecution must show “specific intent to defraud.” Id. Cfi Shipsey, 363 F.3d at 971 (deeming specific intent a third element of…