Tacke

United States v. Tacke

Good Law
233 F. App'x 649
United States Court of Appeals for the Ninth CircuitMay 21, 2007No. 05-30530California583 words

Opinion

Lead Opinion

MEMORANDUM **

David Tacke appeals the sentence imposed following his conviction by a jury on one count of mad fraud, in violation of 18 U.S.C. § 1341 , one count of wire fraud, in violation of 18 U.S.C. § 1343 , and ten counts of money laundering, in violation of 18 U.S.C. § 1957 . We affirm.

The district court did not abuse its discretion in denying Tacke’s request for production of grand jury transcripts. See United States v. Walczak, 783 F.2d 852, 857 (9th Cir.1986) (“A trial judge should order disclosure of grand jury transcripts *651 only when the party seeking them has demonstrated that a particularized need exists ... which outweighs the policy of secrecy.” (internal quotation marks omitted)); see also United States v. Mechanik, 475 U.S. 66, 70 , 106 S.Ct. 938 , 89 L.Ed.2d 50 (1986) (holding that a petit jury’s conviction renders any error in the grand jury’s charging decision harmless).

Nor did the district court clearly err in determining that loss, for purposes of U.S.S.G. § 2B1.1(b)(1), was the $1.4 to $1.8 million in investors’ money that Tacke deposited into an account he treated as his personal checking account. Whether or not Tacke intended for investors to lose…

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.