United States v. Ferguson
23-1317
9th Cir.Mar 11, 2025Background
- Monique Ferguson was convicted by a jury for conspiracy to commit wire fraud and conspiracy to commit identity theft against Spirit Airlines.
- Between 2016 and 2017, Spirit Airlines and Mesa Airlines had a reciprocal agreement allowing each other's employees to book nonrevenue tickets.
- The conspiracy involved using Mesa employee information, by non-employees, to obtain almost 2,000 nonrevenue tickets fraudulently, including the use of fake crew badges.
- Ferguson challenged her conviction on appeal, arguing prosecutorial misconduct and various errors by the district court.
- On appeal, the Ninth Circuit reviewed Ferguson's claims for plain error, as she did not object at trial.
- The Ninth Circuit affirmed the convictions, finding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Materiality of misrepresentations | Gov't presented misleading evidence about materiality of IDs | Evidence showed IDs and badges were material; no dispute at trial | Evidence supported materiality; no error affected verdict |
| Use of co-defendant's guilty plea | Improper to use co-defendant's plea as evidence of her guilt | Guilty plea introduced by Ferguson; not improper | Ferguson stipulated to plea; no error |
| Prosecutorial comments on security risks (closing) | Comments improperly inflamed the jury | Comments based on admitted evidence; did not urge jury to punish defendant | Use of evidence in closing was not plain error |
| Cumulative error | Multiple errors require reversal | No individual errors, so no cumulative error | No cumulative error; conviction affirmed |
Key Cases Cited
- United States v. Lindsey, 850 F.3d 1009 (9th Cir. 2017) (discussing elements of wire fraud and materiality standard)
- United States v. Pelisamen, 641 F.3d 399 (9th Cir. 2011) (elements of conspiracy to commit wire fraud)
- United States v. Gaudin, 515 U.S. 506 (1995) (defining materiality in federal fraud statutes)
- United States v. Weitzenhoff, 35 F.3d 1275 (9th Cir. 1993) (using admitted evidence in closing arguments)
- United States v. Halbert, 640 F.2d 1000 (9th Cir. 1981) (use of co-defendant guilty pleas)