United States Ninth Circuit

Defendant's conviction and sentence on thirteen counts of wire fraud are affirmed, where: 1) defendant's deposit of each check implicated use of a wire and its interstate component, and was therefore part of the execution of the scheme as conceived by defendant at the time he devised his scheme; 2) the interstate requirement in 18 U.S.C. section 1343 is jurisdictional and not a substantive element of a wire fraud offense, and thus, the government is not required to prove that the interstate nature of the wire was reasonably likely or foreseeable; and 3) 18 U.S.C. section 1343 is a valid extension of congressional power under the Commerce Clause.

Appellate Information

• Decided 03/26/2013
• Published 03/26/2013

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel