United States v. Thompson
United States v. Thompson
Opinion of the Court
MEMORANDUM
Brian Thompson appeals his conviction and 87-month sentence for two counts of mail fraud and one count of money laundering. We affirm the convictions, but grant a limited Ameline remand.
On cross, the district court overruled defense counsel’s objection to a question about “a number of fraudulently false documents,” but Thompson never answered and the prosecutor did not request an answer. Instead, the prosecutor offered a document into evidence and defense counsel said “No objection.” Then the prosecutor asked several questions about the document, each without objection, as Thompson tried to deny that he lied in the document despite his conviction. Even if there had been an objection, these questions might nevertheless have been permissible
We grant a limited remand to allow the district court to determine whether it would have imposed a different sentence had it viewed the Guidelines as advisory.
AFFIRMED and REMANDED
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.
. United States v. Ameline, 409 F.3d 1073, 1079 (9th Cir. 2005) (en banc).
. United. States v. Perry, 857 F.2d 1346, 1352-53 (9th Cir. 1988).
. Compare United States v. Rubio, 727 F.2d 786, 797-98 (9th Cir. 1983) with United States v. Robinson, 8 F.3d 398, 408-11 (7th Cir. 1993).
. See Fed.R.Evid. 608(b), 609(a)(2).
. Ameline, 409 F.3d at 1079.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.