United States v. Shaw

On remand from the Supreme Court, the Ninth Circuit affirmed defendant's conviction for bank fraud. In this case, defendant contended that the disjunctive form of the district court's jury instruction that a "scheme to defraud" within the meaning of 18 U.S.C. 1344(1) means a defendant must intend to "deceive, cheat or deprive" the bank of something of value. The panel held that this argument the Supreme Court identified for consideration on remand was not fairly presented to the panel or to the district court. The panel held that, even if defendant had preserved the objection, any error was harmless. View "United States v. Shaw" on Justia Law