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UNITED STATES v. YATES

Nos. 18-30183, 18-30184.

16 F.4th 256 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Diana YATES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dan Heine, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2021.

Attorney(s) appearing for the Case

Elizabeth G. Daily (argued), Assistant Federal Public Defender; Stephen R. Sady , Chief Deputy Federal Public Defender; Portland, Oregon; Kendra M. Matthews , Boise Matthews Ewing LLP, Portland, Oregon; for Defendant-Appellant.

David M. Lieberman (argued), Attorney; Brian C. Rabbitt , Acting Assistant Attorney General; Criminal Division, Appellate Section, United States Department of Justice, Washington, D.C.; Clarie M. Fay , Michelle H. Kerin , and Quinn P. Harrington , Assistant United States Attorneys; Amy E. Potter , Criminal Appellate Chief; Billy J. Williams , United States Attorney; United States Attorney's Office, Portland, Oregon; for Plaintiff-Appellee.

Dissent by Judge Bress

OPINION

Dan Heine and Diana Yates were executives at the Bank of Oswego in Lake Oswego, Oregon. After a 29-day trial, a jury found Heine and Yates guilty of one count of conspiracy to commit bank fraud and 12 counts of making a false bank entry. But as the district court...

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