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U.S. v. ALI

Nos. 07-10529, 07-10539, 07-10542.

620 F.3d 1062 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Mirza ALI, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Sameena Ali, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Keith W. Griffen, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2010.

Attorney(s) appearing for the Case

Karen L. Landau , Oakland, CA, for appellant Sameena Ali.

Chris Cannon , San Francisco, CA, for appellant Mirza Ali.

David J. Cohen , Bay Area Criminal Lawyers, PC, San Francisco, CA, for appellant Keith Griffen.

Joseph P. Russoniello , Barbara J. Valliere , and Hartley M.K. West, for appellee, the United States of America.

Before: PAMELA ANN RYMER, M. MARGARET McKEOWN, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

This case arises from a scheme whereby Mirza Ali, Sameena Ali, and Keith Griffen (collectively "Defendants") purchased Microsoft software at discounted prices then resold the software for a profit. The case calls upon us to interpret and apply the mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343. Significantly, we hold Defendants were properly convicted of mail and wire fraud, because (1) a right to payment...

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