United States Ninth Circuit

Defendant's convictions for insider trading, for securities tipping, and for obstructing the course of an SEC investigation is affirmed over claims of error regarding constructive amendment or material variance, jury instruction, and sufficiency of the evidence. His sentence is remanded for reconsideration under US v. Ameline, 409 F.3d 1073 (9th Cir. 2005).

Appellate Information

• Argued 04/12/2004
• Decided 02/08/2006
• Published 02/08/2006

Judges

• RAWLINSON, Circuit Judge:, Before: SCHROEDER, Chief Judge, TASHIMA, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mary McNamara, Swanson & McNamara LLP, San Francisco, CA, for the defendant-appellant., Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for the plaintiff-appellee.