Ninth Circuit

United States v. Michael Kimbrew (9th Cir. December 2019)

The Court found that there was sufficient evidence to convict the defendant for bribery based on evidence that he took money from an undercover agent to perform an official act, even though the defendant lacked the actual ability to exert the promised influence necessary to perform the official act. The Court explained that the Government does not have to prove that a bribery defendant actually has the ability to achieve the promised outcome since the crime of bribery is based on the agreement, not the outcome.

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United States v. Nowlin Lee Waugh, Jr. (9th Cir. December 2019)

The Court affirmed the defendant's conviction for possession of meth with intent to distribute, holding that the defendant was not entitled to a jury instruction on the lesser included offense of simple possession where the evidence showed that the quantity of meth exceeded the quantity associated with personal use, the meth’s purity suggested that the meth was being used as a cutting agent, and the defendant’s travel indicated possible distribution.

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United States v. Steven Wang (9th Cir. December 2019)

The Court held that the sentencing court committed plain error by applying the general-fraud Guidelines under U.S.S.G. § 2B1.1 because the defendant’s mail fraud conviction also established a visa fraud offense specifically covered under U.S.S.G. § 2L2.1, the Guideline for visa fraud.

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United States v. Simon Hong (9th Cir. September 2019)

The Court reversed the defendant's conviction for aggravated identity theft, holding that the defendant did not "use" his patient's identifying information when he fraudulent billed Medicare for services he never provided them, since he did not use their identifying information for the purposes of passing himself off as another person.

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