Jacobs

United States v. Jacobs

Good Law
212 F. App'x 683
United States Court of Appeals for the Ninth CircuitDecember 13, 2006No. 05-50505California567 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant-Appellant Nancy Lucille Jacobs (“Jacobs”) appeals her conviction for making false statements to the United States Department of Housing and Urban Development (“HUD”), see 18 U.S.C. § 1001 , and her sentence of 78 months imprisonment. The parties know the facts and procedural history, and we do not repeat them here. We affirm.

First, the district court correctly instructed the jury on the intent required for a conviction under 18 U.S.C. § 1001 . The government need not prove a specific intent to deceive nor that Jacobs knew her conduct was unlawful. See United States v. Yermian, 468 U.S. 63, 69-73 , 104 S.Ct. 2936 , 82 L.Ed.2d 53 (1984); United States v. Heuer, 4 F.3d 723, 732 (9th Cir.1993); United States v. Vaughn, 797 F.2d 1485, 1490 (9th Cir.1986).

Second, the district court properly instructed the jury on agency jurisdiction under 18 U.S.C. § 1001 . See United States v. Green, 745 F.2d 1205, 1208 (9th Cir.1984). The district court’s instructions adequately and fairly embody the law governing federal jurisdiction under § 1001. See United States v. Marsh, 26 F.3d 1496, 1502 (9th Cir.1994).

Third, the district court did not abuse its discretion by…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.