United States Ninth Circuit

Defendant's convictions of wire fraud, bribery, conspiracy, and money laundering, in connection with his long-running scheme to bribe former Congressman Cunningham are affirmed, where: 1) the district court's failure to compel use immunity for a proposed defense witness did not violate defendant's right to a fair trial because defendant is unable to identify a direct contradiction between the testimony the witness would have offered at trial and testimony offered by an immunized government witness; 2) the determination of the amount of his criminal forfeiture by the district judge, as opposed to a jury, did not violate his Sixth Amendment right to a jury trial; 3) the district court did not err in denying defendant's motion for a new trial based on "newly discovered" evidence.

Appellate Information

• Decided 03/10/2014
• Published 03/10/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel