United States Ninth Circuit

In a case involving convictions which represented the first criminal convictions for a stock option backdating practice that was widespread in the late 1990s, former Brocade CEO's conviction is reversed due to prosecutorial misconduct in making a false assertion of material fact to the jury in closing argument. Other defendant's conviction is affirmed because sufficient evidence existed to convict her, but her sentence is vacated because it improperly included an obstruction of justice enhancement for which reprehensibility lay primarily with her lawyer.

Appellate Information

• Argued 05/12/2009
• Decided 08/18/2009
• Published 08/18/2009

Judges

• SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER and STEPHEN REINHARDT, Circuit Judges, and LOUIS H. POLLAK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Amber Rosen, San Jose, CA, for the plaintiff-appellee., Seth P. Waxman, Washington, DC., for defendant-appellant Gregory L. Reyes., Steven A. Hirsch, Washington, DC., for defendant-appellant Stephanie Jensen.