United States Ninth Circuit

Defendant's bank fraud conviction is vacated where, given that the government did not argue that defendant defrauded a financial institution, and that no rational juror could find beyond a reasonable doubt that the funds at issue were "owned by, or under the custody or control of" a financial institution in the circumstances presented here, defendant's conviction must be vacated.

Appellate Information

• Decided 09/10/2010
• Published 09/10/2010

Judges

• Kim McLane Wardlaw

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Phillip A. Trevino, George S. Cardona