NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, ) No. 12-50594

)

Plaintiff - Appellee, ) D.C. No. 8:11-cr-00151-CJC-1

)

) MEMORANDUM*

v. )

)

CHRISTIAN EUNSUNG CHUNG, )

)

Defendant - Appellant. )

 )

UNITED STATES OF AMERICA, ) No. 12-50605

)

Plaintiff - Appellee, ) D.C. No. 8:11-cr-00151-CJC-2

)

)

v. )

)

KU IL LEE, )

)

Defendant - Appellant. )

 )

Appeals from the United States District Court

for the Central District of California

Cormac J. Carney, District Judge, Presiding

FILED

MAR 18 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

*

This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
Submitted March 5, 2014**

Pasadena, California

Before: FERNANDEZ, GRABER, and MURGUIA, Circuit Judges.

Christian Eunsung Chung and Ku Il Lee appeal their convictions and

sentences for wire fraud. See 18 U.S.C. § 1343. We affirm.

(1) Chung and Lee first assert that the evidence was insufficient to

support the jury’s determination that they intentionally participated in a scheme

that used the wires to defraud the Medicare program operated by the United States

Department of Health and Human Services. See id.; United States v. Jinian, 725

F.3d 954, 960 (9th Cir. 2013); United States v. Blitz, 151 F.3d 1002, 1006 (9th Cir.

1998). We disagree. The evidence was sufficient because, “‘after viewing the

evidence in the light most favorable to the prosecution, any rational trier of fact

could have found the essential elements of the crime beyond a reasonable doubt.’” 

United States v. Nevils, 598 F.3d 1158, 1163–64 (9th Cir. 2010) (en banc); see also

Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 2789, 61 L. Ed. 2d 560

(1979). More specifically, the evidence was ample to show that it was foreseeable

**The panel unanimously finds this case suitable for decision without oral

argument. Fed. R. App. P. 34(a)(2).

2
that wire transmissions would be used to carry out the scheme1

 and that Chung and

Lee specifically intended to defraud the government.2

(2) Chung and Lee next argue that there was plain error3 when the

government objected to a question about the comparison of handwriting in certain

documents, which was asked of one of the government’s witnesses on crossexamination. The government’s objection that a certified document examiner was

not present and that the documents spoke for themselves was promptly overruled

by the district court, and the line of questioning went forward without further ado. 

The objection neither tended to shift the burden of persuasion to the defense4

 nor

vouched for the witness.5

 There was no plain error.

(3) Chung and Lee finally argue that their sentences violate the Sixth

Amendment to the United States Constitution. U.S. Const. amend. VI. Their

1

See Jinian, 725 F.3d at 960, 966.

2

See United States v. Pelisamen, 641 F.3d 399, 409 (9th Cir. 2011); United

States v. Ciccone, 219 F.3d 1078, 1084 (9th Cir. 2000); United States v. Lothian,

976 F.2d 1257, 1262–63, 1267 (9th Cir. 1992); see also United States v. Boone,

951 F.2d 1526, 1538–39 (9th Cir. 1991).

3

See United States v. Olano, 507 U.S. 725, 732–35, 113 S. Ct. 1770,

1776–78, 123 L. Ed. 2d 508 (1993).

4

See United States v. Necoechea, 986 F.2d 1273, 1282 (9th Cir. 1993).

5

See United States v. Weatherspoon, 410 F.3d 1142, 1146 (9th Cir. 2005).

3
argument fails because the district court’s calculation of loss for guideline

purposes6

 affected neither a mandatory minimum sentence7 nor the maximum

possible sentence8

 for wire fraud crimes.9

AFFIRMED.

6

See USSG §2B1.1(b) (Nov. 2012); see also United States v. Torlai, 728

F.3d 932, 938 n.6 (9th Cir. 2013).

7

See Alleyne v. United States, __ U.S. __, __, 133 S. Ct. 2151, 2155, 186 L.

Ed. 2d 314 (2013).

8

See Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S. Ct. 2348, 2362–63,

147 L. Ed. 2d 435 (2000).

9

The statutory sentencing range is imprisonment for “not more than 20

years.” 18 U.S.C. § 1343.

4