Opinion
No. 17-10330
07-19-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ALVIN FLORIDA, JR., Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 4:14-cr-00582-JD-1 MEMORANDUM Appeal from the United States District Court for the Northern District of California
James Donato, District Judge, Presiding Argued and Submitted July 11, 2018 San Francisco, California Before: TASHIMA, GRABER, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. --------
A jury convicted Defendant Alvin Florida, Jr., of agreeing to rig bids at home foreclosure auctions, in violation of the Sherman Act, 15 U.S.C. § 1. The district court sentenced Defendant to 21 months' imprisonment followed by a period of supervised release. We affirm.
1. The district court did not err in refusing to instruct the jury on multiple conspiracies. The indictment charged a single overarching agreement, and the government's evidence at trial proved the existence of that agreement. No evidence suggests that Defendant was involved only in other conspiracies and not in the single overarching conspiracy—as is required to necessitate an instruction on multiple conspiracies. United States v. Job, 871 F.3d 852, 867 (9th Cir. 2017). Further, the existence of several manifestations of the conspiracy—i.e., that the conspiracy involved several auctions for different properties—and of sub-groups participating in different sales does not mean that there were multiple conspiracies. United States v. Mincoff, 574 F.3d 1186, 1196 (9th Cir. 2009).
2. The district court did not commit plain error, United States v. Alcantara-Castillo, 788 F.3d 1186, 1190-91 (9th Cir. 2015), with respect to the government's closing arguments. The evidence supports the government's statements concerning homeowners and the nature of foreclosure auctions. United States v. Tucker, 641 F.3d 1110, 1120-21 (9th Cir. 2011). Further, the statements, taken in context, were permissible and not inflammatory. United States v. Polizzi, 801 F.2d 1543, 1558 (9th Cir. 1986).
AFFIRMED.