United States Ninth Circuit

Defendant's perjury and fraud convictions are affirmed where: 1) the district court correctly instructed the jury on the materiality element of the perjury and fraud charges; 2) there was no use of the Phase II counts or evidence in the Phase I proceedings of defendant's trial, and thus the bifurcation process was not so manifestly prejudicial as to require reversal; and 3) the district court should have consulted the parties or counsel before responding to the jury's request to see the indictment, but the error was harmless beyond a reasonable doubt.

Appellate Information

• Argued 08/31/2009
• Decided 11/25/2009
• Published 11/25/2009

Judges

• PER CURIAM:, Before:  B. FLETCHER and ANDREW J. KLEINFELD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis P. Riordan, Riordan & Horgan, San Francisco, CA, for the appellant.


• For Appellees:
  
• Amber S. Rosen, Assistant United States Attorney, San Jose, CA, for appellee.