United States Ninth Circuit

Sentence and conviction of a defendant for mail fraud, wire fraud, and telemarketing fraud against the elderly, are affirmed where the district court did not: 1) commit plain error by admitting certificates of authentication for foreign public entities and business records by means of affidavit in violation of the Confrontation Clause; 2) \abuse its discretion in conducting voir dire, in admitting both a chart summarizing bank records and the underlying records into evidence, and in refusing to give the defendant's requested informant credibility jury instruction; 3) err in admitting the alleged improper comments by the prosecutor in closing argument; and 4) err in referencing the defendant's inability to pay restitution to show that it had considered imposing a lesser sentence to facilitate the payment of restitution, and in using two Guideline ranges.

Appellate Information

• Decided 09/20/2012
• Published 09/20/2012

Judges

• Smith

Court

• United States Ninth Circuit

Counsel