Bond

MEMORANDUM *

Defendant-Appellant Neil Rusty Bond appeals his conviction for theft of government property in violation of 18 U.S.C. § 641 , and social security fraud in violation of 42 U.S.C. § 408 (a)(4). We affirm.

Bond argues that the district court abused its discretion by denying his motion for funds to hire a certified public accountant to assist him at trial. See 18 U.S.C. § 3006A(e)(1). We disagree. A CPA could only have compiled expense information that Bond provided. Bond was presumably aware of his own expenses, but failed to bring forth any financial records — both at the district court level and on appeal — tending to show that he had offsetting expenses, and failed to otherwise offer a “concrete explanation” as to how a net income defense would have been viable. See United States v. Smith, 893 F.2d 1573, 1580 (9th Cir.1990). In short, Bond failed to meet his burden of showing prejudice, as he did not establish that a CPA would have been able to bring forth evidence reasonably likely to affect the outcome of his trial. See United States v. Depew, 210 F.3d 1061, 1065 (9th Cir.2000) (burden on defendant to show prejudice by clear and convincing evidence). Because Bond…