United States v. Roberson
Opinion of the Court
MEMORANDUM
Rayford Ray Roberson appeals his conviction after jury trial for bankruptcy fraud, making false statements in connection with a loan application, securities fraud, and money laundering. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
Because the parties are familiar with the facts and procedural history of the case, we do not recite them here except as necessary to our decision.
The district court did not abuse its discretion by refusing Roberson’s proposed Post Traumatic Stress Disorder (“PTSD”) good faith jury instruction because Roberson failed to provide foundational evidence showing PTSD affected his state of mind. See United States v. Fejes, 232 F.3d 696, 702 (9th Cir. 2000). There was no evidence that PTSD had caused Roberson to form a good faith belief the numerous false statements he made to investors were actually true.
The district court did not abuse its discretion by allowing the Government
The district court’s sentence was not unreasonable because the court considered and applied the sentencing factors in 18 U.S.C. § 3553(a) and gave a below-Guidelines sentence. See United States v. Nichols, 464 F.3d 1117, 1125 (9th Cir. 2006); United States v. Clark, 452 F.3d 1082, 1085 (9th Cir. 2006).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- United States v. Rayford ROBERSON, a.k.a. Rayford Ray Roberson
- Cited By
- 1 case
- Status
- Published