United States v. Rizk, No. 10-50051 (9th Cir. 2011)
Annotate this CaseDefendant appealed her jury conviction for one count of conspiracy, one count of bank fraud, and thirteen counts of loan fraud. On appeal, defendant contended that the district court committed prejudicial error by admitting two summary charts under Federal Rule of Evidence 1006; there was insufficient evidence to support each of her convictions; and the district court erred in ordering her to pay restitution in the full amount of the victim lenders' loss, despite a prior civil settlement with the victim lenders that included a release from liability. The court held that the charts were properly admitted under Rule 1006, 404(b), and 403. The court also held that the evidence at trial was sufficient for a rational jury to convict defendant of the crimes for which she was charged. The court held, however, that under the current restitution order, the victim lenders would receive more than their actual losses and therefore, the imposition of the order was plain error. Accordingly, defendant's convictions were affirmed and the restitution order vacated and remanded with instructions.
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