Sherman

United States v. Sherman

Good Law
281 F. App'x 720
United States Court of Appeals for the Ninth CircuitJune 5, 2008No. 07-30175California520 words

Opinion

Lead Opinion

Gerald Sherman appeals a wire, mail, and securities fraud conviction, as well as the sentence imposed by the district court. We have jurisdiction pursuant to 28 U.S.C. *721 § 1291 and 18 U.S.C. § 8742 . We affirm the conviction, vacate the sentence, and remand for resentencing.

Sherman raises two issues on appeal: (1) whether the district court abused its discretion in permitting expert testimony concerning the characteristics of investment fraud schemes and (2) whether the district court committed procedural error by failing to adequately explain its use of the two-level sentencing enhancement for obstruction of justice. We address each issue in turn.

We review for abuse of discretion a district court’s decision to admit expert opinion testimony. United States v. Gonzales, 307 F.3d 906, 909 (9th Cir.2002). A district court’s evidentiary ruling will be reversed only if “ ‘manifestly erroneous.”” Id. (quoting United States v. Hankey, 203 F.3d 1160, 1167 (9th Cir.2000)).

The district court did not abuse its discretion in admitting expert testimony regarding the structure of fraudulent financial schemes. See United States v. Andersson, 813 F.2d 1450, 1458 (9th Cir.1987)…

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