United States v. Von Krosigk

Good Law
215 F. App'x 655
United States Court of Appeals for the Ninth CircuitDecember 26, 2006No. 06-30081California384 words

Opinion

Lead Opinion

MEMORANDUM *

Robert L. Von Krosigk appeals from his convictions after a jury trial for three counts of mail fraud in violation of 18 U.S.C. § 1341 and thirteen counts of mailing threatening communications with intent to extort in violation of 18 U.S.C. § 876 (d). 1 As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

The evidence was sufficient to support the three convictions for mail fraud because a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. LeVeque, 283 F.3d 1098, 1102 (9th Cir.2002). The jury had evidence sufficient to find that Von Krosigk made material false promises or statements and knew the statements were false. See United States v. Tarallo, 380 F.3d 1174, 1181-83, 1186-89 (9th Cir.2004). Similarly, the jury had evidence sufficient to conclude the mailings in counts two and three were in furtherance of Von Krosigk’s scheme to defraud. See United States v. Maze, 414 U.S. 395, 400 , 94 S.Ct. 645 , 38 L.Ed.2d 603 (1974).

*657 The district court made an adequate inquiry into the…

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