United States v. W. Harkonen

MEMORANDUM *

A jury convicted Defendant W. Scott Harkonen of wire fraud for issuing a fraudulent press release. The district court sentenced Harkonen to three years probation and a $20,000 fine. Harkonen appeals his conviction, and the government cross-appeals Harkonen’s sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm Harkonen’s conviction and sentence.

First Amendment Challenge

We review First Amendment challenges to criminal convictions in two steps: (1) deferring to the jury’s findings on historical facts, credibility determinations, and the elements of statutory…