FILED NOT FOR PUBLICATION JUL 11 2022 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 20-10421 Plaintiff-Appellee, D.C. Nos. 4:18-cr-01309-RM-LAB-2 v. 4:18-cr-01309-RM-LAB RICHARD A. MADRIL, MEMORANDUM* Defendant-Appellant. UNITED STATES OF AMERICA, No. 21-10208 Plaintiff-Appellee, D.C. No. 4:18-cr-01309-RM-LAB-2 v. RICHARD A. MADRIL, Defendant-Appellant. Appeal from the United States District Court for the District of Arizona Rosemary Márquez, District Judge, Presiding Argued and Submitted May 10, 2022 Pasadena, California * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: McKEOWN and IKUTA, Circuit Judges, and DANIELS,** District Judge. Richard Madril appeals his conviction for conspiracy under 18 U.S.C. § 371 following a trial, and the district court’s restitution order. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. I Madril and his wife, Marivel Cantu-Madril, former attorneys who practiced immigration and criminal law together in Arizona, were alleged to have carried out a conspiracy from 2012 to 2018 through, among other things, falsely advising their clients that they were eligible for privileges and benefits from the federal government.1 Although the couple was tried together, this appeal concerns only Madril’s conviction and restitution order. 2 During the trial, the government presented the testimony of several of Madril’s and Cantu-Madril’s former clients. One client, Juan Ordonez-Leon, testified that Madril and Cantu-Madril led him to believe that his immigration ** The Honorable George B. Daniels, United States District Judge for the Southern District of New York, sitting by designation. 1 At some point during the conspiracy period, Cantu-Madril was suspended from the practice of law for filing frivolous appeals. 2 Madril does not appeal the district court’s denial of his motion for a new trial. 2 proceedings had been canceled and told him not to appear for a scheduled hearing. Madril nevertheless appeared at the hearing on Ordonez-Leon’s behalf, and falsely told the immigration judge that his client wished to withdraw his application for asylum. Ordonez-Leon subsequently determined that the documents provided by Madril and Cantu-Madril, supposedly showing his proceedings had been canceled, were fraudulent. Another client, Francisco Pinon-Navarro, testified that Madril assisted Cantu-Madril in deceiving him about the status of his immigration proceedings. According to Pinon-Navarro, Madril impersonated an immigration official over the phone and told him than an immigration interview had been cancelled. In addition to this testimony, the government presented false documents (including documents with forged signatures of federal court personnel or counterfeit seals of federal agencies) that had been seized from Madril’s and Cantu-Madril’s office. The false documents were found in both defendants’ work spaces. At trial, Madril introduced evidence and witnesses intended to impeach the credibility of the government’s witnesses. His witnesses included a court employee who contradicted Ordonez-Leon’s testimony that there had been a heated argument between Madril and Ordonez-Leon outside of the immigration 3 courtroom. They also included an employee of Madril’s law firm, who testified that he (rather than Madril) …
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