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U.S. v. BERRY

No. 10-10361.

683 F.3d 1015 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Ethan Allen BERRY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2012.

Attorney(s) appearing for the Case

Patrick D. Robbins (argued), Mikael A. Abye , Jared R. Sams , Shearman & Sterling, LLP, San Francisco, CA, for appellant Ethan Allen Berry.

Melinda Haag , United States Attorney; Barbara J. Valliere , Chief, Appellate Division, Christina M. McCall , Anne M. Voigts (argued), Assistant United States Attorneys, San Francisco, CA, for appellee United States of America.

Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge TASHIMA.

OPINION

RAWLINSON, Circuit Judge:

Appellant Ethan Berry (Berry) appeals his conviction for social security fraud pursuant to 42 U.S.C. § 408(a)(5). We have jurisdiction under 28 U.S.C. § 1291 and affirm the conviction.

I. BACKGROUND

Berry was appointed representative payee for social security benefits to be paid to his son, DB. The benefits were to be used for DB's maintenance...

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