United States v. Cory Eglash

I concur with regard to the majority’s treatment of Counts 1, 2, 3, 4, 5, and 7, but I dissent from the majority’s conclusion with regard to Count 6.

I agree with the majority that United States v. Brown, 771 F.3d 1149 (9th Cir. 2014), controls with regard to Count 4. Eglash is correct that the success of his fraudulent scheme did not depend upon receiving the notice of disability award underlying Count 4. That, however, is not the standard for determining whether a mailing was made “for the purpose of executing such scheme or artifice or attempting so to do” under 18 U.S.C. § 1341. The use of…