From Casetext: Smarter Legal Research

United States v. Didier

United States Court of Appeals, Ninth Circuit
Nov 24, 2014
585 F. App'x 667 (9th Cir. 2014)

Opinion

Argued and Submitted, Portland, Oregon August 26, 2014

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the District of Montana. D.C. No. 9:12-cr-00036-DWM-1. Donald W. Molloy, Senior District Judge, Presiding.

For United States of America, Plaintiff - Appellant: Timothy John Racicot, Assistant U.S. Attorney, Usmi - Office of The U.S. Attorney, Missoula, MT; Leif Johnson, Assistant U.S. Attorney, USBI - Office of the U.S. Attorney, Billings, MT.

For Christin Dianne Didier, Defendant - Appellee: Colin M. Stephens, Attorney, Smith & Stephens, P.C., Missoula, MT.


Before: CLIFTON, M. SMITH, and HURWITZ, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

A jury found Christin Didier guilty of seven counts of mail fraud and one count of conspiracy to commit mail fraud. The government appeals the district court's order granting Didier's motion for a judgment of acquittal pursuant to Federal Rule of Criminal Procedure 29 and its alternative order granting a conditional new trial. We have jurisdiction under 28 U.S.C. § 1291, and reverse and remand.

1. We review the grant of a judgment of acquittal de novo, United States v. Young, 458 F.3d 998, 1004 n.13 (9th Cir. 2006), and ask " whether, 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," Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

2. The district court erred in concluding that no rational trier of fact could have found Didier's misrepresentations material. The insurance policy required the carrier to pay for the " reasonable increase" in Didier's living expenses resulting from a " covered loss." Didier misrepresented that she had incurred an increase in her living expenses by virtue of the covered loss. This was " capable of influencing" the carrier's decision to pay her pursuant to the policy. United States v. Blixt, 548 F.3d 882, 888 (9th Cir. 2008). Even if the amount of expenses claimed would have been reasonable had Didier actually incurred them, the policy requirement of an " increase" made Didier's misrepresentations material.

3. The district court erred in alternatively granting Didier a conditional new trial because Didier never moved for a new trial. A district court may not grant a conditional new trial sua sponte. See United States v. McGowan, 668 F.3d 601, 605 (9th Cir. 2012).

REVERSED AND REMANDED. 3


Summaries of

United States v. Didier

United States Court of Appeals, Ninth Circuit
Nov 24, 2014
585 F. App'x 667 (9th Cir. 2014)
Case details for

United States v. Didier

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellant, v. CHRISTIN DIANNE…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 24, 2014

Citations

585 F. App'x 667 (9th Cir. 2014)

Citing Cases

United States v. Didier

The court also reversed the conditional grant of a new trial because only Nasir, not Didier, had moved for a…

Krum v. Chubb Ltd.

And a reasonable increase in such expenses can only occur if the insured incurs-that is, "suffer[s] or…