Unpublished Disposition, 899 F.2d 19 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 899 F.2d 19 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Richard GREENE, Defendant-Appellant.

No. 86-5265.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 15, 1990* .Decided April 5, 1990.



Greene contends the trial court convicted him of mail fraud without sufficient evidence. The only element of proof in dispute is Greene's mens rea; mail fraud requires a specific intent to deceive. Unites States v. Green, 745 F.2d 1205, 1207 (9th Cir.), cert. denied, 474 U.S. 925 (1985). The prosecution presented evidence and witnesses to show that Greene knowingly made misrepresentations to further the fraud. The defendant testified that he had no intent to deceive. We reverse a conviction for insufficiency of the evidence only if, viewing the proof in the light most favorable to the Government, no rational trier of fact could have found guilt beyond a reasonable doubt. United States v. Harden, 846 F.2d 1229, 1232 (9th Cir.), cert. denied, 109 S. Ct. 264 (1988). The case was tried without a jury, and the district judge could have rationally found guilt beyond a reasonable doubt.

As for defendant's claim of ineffective assistance of counsel, we generally do not review such claims on direct appeal. United States v. Birges, 723 F.2d 666, 670 (9th Cir.), cert. denied, 466 U.S. 943 (1984). Nothing in the record indicates that we should vary from the rule here.



The panel unanimously finds this case appropriate for submission without oral argument pursuant to Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3