Merke

MEMORANDUM **

Sess Merke (“Merke”) appeals from his conviction on one count of conspiracy to transport stolen property in interstate commerce in violation of 18 U.S.C. § 371 and also appeals his sentence. We affirm.

Even if the evidence showed that there were multiple conspiracies to transport stolen property in interstate commerce, as opposed to the single overarching conspiracy alleged in the Superseding Indictment, the variance did not affect Merke’s substantial rights. Therefore, a reversal is not warranted. See United States v. Duran, 189 F.3d 1071, 1081 (9th Cir.1999); Berger v. United States, 295 U.S. 78, 82 , 55 S.Ct. 629 , 79 L.Ed. 1314 (1935).

Any spillover evidence was harmless due to the strength of the evidence that Merke and the Nguyens conspired to transport stolen ultrasound probes in interstate commerce. Furthermore, the evidence regarding Robert Davies, the Nguyens’ misappropriation of ATL/Philips proprietary software, and the Nguyens’ criminal dealings after September, 2000, could easily be compartmentalized and viewed distinctly from the evidence of Merke’s criminal activity.

The fact that the Superseding Indictment alleged a single conspiracy did not…