FILED
NOT FOR PUBLICATION DEC 03 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-30284
Plaintiff - Appellee, D.C. No. 3:06-cr-00272-BR
v.
MEMORANDUM *
CLIFFORD J. BRIGHAM,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Oregon
Anna J. Brown, District Judge, Presiding
Submitted November 6, 2009 **
Portland, Oregon
Before: FISHER and PAEZ, Circuit Judges, and FOGEL, *** District Judge.
Clifford J. Brigham appeals his conviction on thirteen counts of wire fraud
under 18 U.S.C. § 1343 (Counts 1-12, 14), four counts of mail fraud under 18
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Jeremy D. Fogel, United States District Judge for the
Northern District of California, sitting by designation.
U.S.C. § 1341 (Counts 15-18), and three counts of money laundering under 18
U.S.C. § 1957 (Counts 21-23). Brigham preserved a sufficiency challenge on
Counts 12, 14 and 21-23. Accordingly, we review de novo the sufficiency of the
evidence to support a conviction on those counts. United States v. Salman, 531
F.3d 1007, 1010 (9th Cir. 2008). Brigham failed to preserve challenges on the
remaining charges, and thus this court will reverse only if it finds plain error.
United States v. Ross, 338 F.3d 1054, 1057 (9th Cir. 2003) (per curiam). We
affirm.
Brigham’s attack on the credibility of the government’s witnesses is without
merit. See United States v. Tam, 240 F.3d 797, 806 (9th Cir. 2001) (“Absent facial
incredibility, it is not our role to question the jury's assessment of witness
credibility.”); United States v. Yossunthorn, 167 F.3d 1267, 1270 (9th Cir. 1999)
(explaining that credibility of a witness “is a question for the jury unreviewable on
appeal”). Upon review of the record, we conclude that the evidence was sufficient
to support a jury conviction finding Brigham guilty of wire fraud, mail fraud and
money laundering.
AFFIRMED.