United States v. Ethan Berry
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge TASHIMA.
*1019OPINION
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. One of Berry’s first payments was a retroactive lump sum payment for benefits from April, 2000, through June, 2005, in the amount of…
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