Defendants' wire fraud convictions and sentences are affirmed where: 1) 18 U.S.C. section 1343 did not require an intent to cause pecuniary loss; 2) "preponderance of the evidence" was the appropriate standard of proof for determining the amount of loss caused by the conspiracy; and 3) the district court correctly found the scope of relevant conduct under U.S.S.G. section 1B1.3 in attributing losses to defendants as a result of their conspiracy convictions.
Argued and Submitted November 3, 2009
Filed January 28, 2010
Opinion by Judge Gould
David J. Zugman, Burcham & Zugman, San Diego, CA
Jami L. Ferrara, Law Office of Jami L. Ferrara, San Diego, CA
William P. Cole, Assistant U.S. Attorney, San Diego, CA