United States Ninth Circuit

Conviction for conspiracy to defraud the United States in violation of 18 U.S.C. section 371 is affirmed where the district court's failure to instruct the jury on the "deceitful or dishonest means" element of the charged offense did not affect the outcome of the trial and the prosecution adequately proved the missing element of the crime. The court expressly overruled U.S. v. Caldwell, 989 F.2d 1056 (9th Cir. 1993) to the extent it conflicts with Neder v. U.S., 527 U.S. 1 (1999).

Appellate Information

• Decided 10/21/2015
• Published 10/21/2015

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel