United States v. Juan Jimenez, 77 F.3d 95 (5th Cir. 1996). · Go Syfert
United States v. Juan Jimenez, 77 F.3d 95 (5th Cir. 1996). Cases Citing This Book View Copy Cite
“intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit.”
69 citation events (31 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Randall Treadwell (ca9, 2010-01-28)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Randall Treadwell
9th Cir. · 2010 · quote attribution · 1 verbatim quote · confidence high
intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit.
discussed Cited as authority (rule) United States v. Little
5th Cir. · 2023 · confidence medium
Harris would fax Dr. Hirjee batches of narratives, written by nurses, along with blank face-to-face forms so that Dr. Hirjee could fill them out and then _____________________ 17 See United States v. Asibor, 109 F.3d 1023, 1030 (5th Cir. 1997) (“The evidence is viewed in the light most favorable to the verdict, accepting all credibility choices and reasonable inferences made by the trier of fact which tend to support the verdict.” (citing United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996))). 12 Case: 21-11225 Document: 00516956725 Page: 13 Date Filed: 11/03/2023 No. 21-11225 c/w No. …
discussed Cited as authority (rule) United States v. Greenlaw
5th Cir. · 2023 · confidence medium
Indeed, it has long been our understanding that an “‘intent to defraud’ requires ‘an intent to (1) deceive, and (2) cause some harm to result from the deceit.’” Evans, 892 F.3d at 712 (emphasis added) (quoting United States v. Moser, 123 F.3d 813, 820 (5th Cir. 1997) (quoting in turn United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996))); Ratcliff, 488 F.3d at 645–49.
discussed Cited as authority (rule) United States v. Greenlaw
5th Cir. · 2023 · confidence medium
Indeed, it has long been our understanding that an “‘intent to defraud’ requires ‘an intent to (1) deceive, and (2) cause some harm to result from the deceit.’” Evans, 892 F.3d at 712 (emphasis added) (quoting United States v. Moser, 123 F.3d 813, 820 (5th Cir. 1997) (quoting in turn United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996))); Ratcliff, 488 F.3d at 645–49.
discussed Cited as authority (rule) United States v. Stallings
5th Cir. · 2023 · confidence medium
He argues that the mere act of abandoning bags was innocent conduct of a transient individual (who carried his belongings with him) that a reasonable 3 United States v. Asibor, 109 F.3d 1023, 1030 (5th Cir. 1997) (citing United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996)). 4 United States v. Moreno-Gonzalez, 662 F.3d 369, 372 (5th Cir. 2011) (citing United States v. Duncan, 919 F.2d 981, 990 (5th Cir. 1990)). 5 18 U.S.C. § 1038 (a)(1). 6 18 U.S.C. § 844 (i). 6 Case: 19-11300 Document: 00516755329 Page: 7 Date Filed: 05/18/2023 No. 19-11300 person would not believe constituted a threat.
cited Cited as authority (rule) Franklin v. Director, TDCJ-CID
N.D. Tex. · 2022 · confidence medium
See Hicks v. Johnson, 186 F.3d 634, 637 (5th Cir. 1999); United States v. Jiminez, 77 F.3d 95, 100-01 (5th Cir. 1996).
discussed Cited as authority (rule) United States v. Richard Evans
5th Cir. · 2018 · confidence medium
Moving along, “intent to defraud” requires “an intent to (1) deceive, and (2) cause some harm to result from the deceit.” United States v. Moser, 123 F.3d 813, 820 (5th Cir. 1997) (quoting United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996)).
discussed Cited as authority (rule) United States v. Michael Williams
5th Cir. · 2017 · confidence medium
See Klein, 543 F.3d at 215 ; see also Harris, 821 F.3d at 605-08 (holding that the district court erred when it treated the entire contract price as loss when victims “got what they paid for”); United States v. Jimenez, 77 F.3d 95, 99-100 (5th Cir. 1996) (holding that a victim under the Victim and Witness Protection Act suffered no loss when he purchased goods at or below market price from the defendant).
discussed Cited as authority (rule) United States v. Jermaine Surtain
5th Cir. · 2013 · confidence medium
Samuels also argues that the admission of Brown’s statements violated his rights to due process and a fair trial because Brown’s testimony was “unreliable” and “extremely prejudicial.” Samuels relies on Bruton v. United States, 391 U.S. 123, 126 (1968), in which the Supreme Court held that a non-testifying co- defendant’s confession inculpating the other defendant was inadmissible at their joint trial.5 Samuels ignores that the Bruton rule “is a narrow one that applies only to statements that directly implicate the defendant without reference to other admissible evidence.” Un…
discussed Cited as authority (rule) United States v. Jermaine Surtain (2×)
5th Cir. · 2013 · confidence medium
Samuels also argues that the admission of Brown’s statements violated his rights to due process and a fair trial because Brown’s testimony was “unreliable” and “extremely prejudicial.” Samuels relies on Bruton v. United States, 391 U.S. 123, 126 (1968), in which the Supreme Court held that a non-testifying co- defendant’s confession inculpating the other defendant was inadmissible at their joint trial.5 Samuels ignores that the Bruton rule “is a narrow one that applies only to statements that directly implicate the defendant without reference to other admissible evidence.” Un…
discussed Cited as authority (rule) United States v. Jermaine Surtain
5th Cir. · 2013 · confidence medium
Samuels also argues that the admission of Brown’s statements violated his rights to due process and a fair trial because Brown’s testimony was “unreliable” and “extremely prejudicial.” Samuels relies on Bruton v. United States, 391 U.S. 123, 126 (1968), in which the Supreme Court held that a non-testifying co- defendant’s confession inculpating the other defendant was inadmissible at their joint trial.2 Samuels ignores that the Bruton rule “is a narrow one that applies only to statements that directly implicate the defendant without reference to other admissible evidence.” Un…
discussed Cited as authority (rule) United States v. Espinoza
5th Cir. · 2012 · confidence medium
See, e.g., United States v. Hickman, 331 F.3d 439, 448 (5th Cir.2003) ("Because the district court imposed the same amount of restitution ... to run concurrently in both cases and because the order for restitution is part and parcel of each overall sentence, both sentences are VACATED and the case is REMANDED for resentencing not inconsistent with this opinion.” (citing Hayes, 32 F.3d at 173 )); United States v. Jimenez, 77 F.3d 95, 100 (5th Cir.1996) ("We therefore vacate the sentence and remand for resentencing keeping in mind that the district court imposed no fine in light of the restitu…
discussed Cited as authority (rule) United States v. Treadwell
9th Cir. · 2010 · confidence medium
See, e.g., United States v. Edelmann, 458 F.3d 791, 812 (8th Cir.2006) (“The essential elements of wire fraud are a scheme to defraud, the use of interstate wires incident to the scheme, and an intent to cause harm.”); United States v. Dupre, 339 F.Supp.2d 534, 539 (S.D.N.Y.2004) (“The Government must prove that the defendant [had] a purpose of causing actual financial harm to another.”), aff'd, 462 F.3d 131 (2d Cir.2006); United States v. Thomas, 315 F.3d 190, 200 (3d Cir.2002) (“We believe that, given the legislative intent, harm or loss to the bank must be contemplated by the wron…
discussed Cited as authority (rule) United States v. Arledge
5th Cir. · 2008 · confidence medium
See Tencer, 107 F.3d at 1135 (“An order of restitution must be limited to losses caused by the specific conduct underlying the offense of conviction.”); United States v. Jimenez, 77 F.3d 95, 99-100 (5th Cir.1996); see also 18 U.S.C. § 3664 (f)(1)(A) (“In each order of restitution, the court shall order restitution to each victim in the full amount of each victim’s losses as determined by the court and without consideration of the economic circumstances of the defendant.”).
cited Cited as authority (rule) United States v. Washington
D.C. Cir. · 2007 · confidence medium
See 18 U.S.C. §§ 3663 , 3664(f)(1)(A); United States v. Dorcely, 454 F.3d 366, 377 (D.C.Cir.2006); United States v. Jimenez, 77 F.3d 95, 99-100 (5th Cir.1996).
discussed Cited as authority (rule) United States v. Helmstetter
10th Cir. · 2007 · confidence medium
See United States v. Cresta, 825 F.2d 538 , 544–45 (1st Cir. 1987) (prosecutor’s challenge of potential jurors aged 18 to 34 does not violate equal protection); United States v. Bryce, 208 F.3d 346 , 350 n.3 (2d Cir. 2000) (peremptory strike based on youth of juror permissible race-neutral justification); Pemberthy v. Beyer, 19 F.3d 857 , 870 n.18 (3d Cir. 1994) (Alito, J.) (age-based peremptory challenges are subject to rational-basis scrutiny and are likely to be held rationally related to the legitimate objectives of jury impartiality and the appearance of impartiality); Howard v. Moore…
discussed Cited as authority (rule) United States v. George Clinton Helmstetter
10th Cir. · 2007 · confidence medium
See United States v. Cresta, 825 F.2d 538, 544-45 (1st Cir.1987) (prosecutor’s challenge of potential jurors aged 18 to 34 does not violate equal protection); United States v. Bryce, 208 F.3d 346 , 350 n. 3 (2d Cir.2000) (peremptory strike based on youth of juror permissible race-neutral justification); Pemberthy v. Beyer, 19 F.3d 857 , 870 n. 18 (3d Cir.1994) (Alito, J.) (age-based peremptory challenges are subject to rational-basis scrutiny and are likely to be held rationally related to the legitimate objectives of jury impartiality and the appearance of impartiality); Howard v. Moore, 13…
discussed Cited as authority (rule) United States v. Reyes
E.D. Va. · 2005 · confidence medium
Compare Spears v. Mullin, 343 F.3d 1215, 1232 (10th Cir.2003) ("[T]his court has held that neutral pronouns are proper, if a defendant's incrimination is by reference to evidence other than the modified statement and the jury receives a proper limiting instruction.”); U.S. v. Vega Molina, 407 F.3d 511, 520 (1st Cir.2005) (holding that a court’s inquiry is limited to whether the confession, standing alone, implicates the non-confessing defendant); United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996) (same); United States v. Williams, 936 F.2d 698, 700-01 (2d Cir.1991) (same); U.S. v. She…
discussed Cited as authority (rule) United States v. Akpan
5th Cir. · 2005 · confidence medium
De Leon, 170 F.3d 494, 496 (5th Cir. 1999)). 25 United States v. Martinez, 975 F.2d 159, 161 (5th Cir. 1992). 26 Id. 19 mails to execute the scheme; and (3) the specific intent to defraud.”27 “Each separate use of the mails to further a scheme to defraud is a separate offense.”28 The government need not establish that the defendant used the mails himself or that he actually intended that the mails be used.29 The government need only prove that the scheme depended for its success in some way upon the information and documents which passed through the mail.30 Further, a defendant acts with…
cited Cited as authority (rule) United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. Okoro
5th Cir. · 2005 · confidence medium
United States v. Blocker, 104 F.3d 720, 732 (5th Cir.1997) (quoting United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996)). 32 .
discussed Cited as authority (rule) United States v. Sanchez-Milam
5th Cir. · 2002 · confidence medium
Under this standard, “[t]he evidence is viewed in the light most favorable to the verdict, accepting all credibility choices and reasonable inferences made by the trier of fact which tend to support the verdict.” United States v. Asibor, 109 F.3d 1023, 1030 (5th Cir.1997) (citing United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996)). 8 U.S.C. § 1326 (a) provides: (a) ... any alien who (1) has been arrested and deported or excluded and deported, and thereafter (2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place o…
cited Cited as authority (rule) United States v. Husain
5th Cir. · 2000 · confidence medium
United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996).
cited Cited as authority (rule) United States v. Bankston
5th Cir. · 1999 · confidence medium
“Intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit.” United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
cited Cited as authority (rule) United States v. Goodson
5th Cir. · 1999 · confidence medium
"Intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit." United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996).
cited Cited as authority (rule) United States of America, Plaintiff-Appellee-Cross-Appellant v. Larry S. Bankston Maria F. Goodson, Defendants-Appellants-Cross-Appellees Carl W. Cleveland Fred H. Goodson, United States of America v. Maria F. Goodson, Alexandros F. Goodson Truck Stop Gaming Ltd., Intervenors-Appellants
5th Cir. · 1999 · confidence medium
"Intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit." United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996).
discussed Cited as authority (rule) State v. Hodge
Conn. · 1999 · signal: cf. · confidence medium
Ed. 2d 881 (1995); cf. United States v. Jimenez, 77 F.3d 95, 100-101 (5th Cir. 1996); Hollingsworth v. Burton, 30 F.3d 109, 112-13 (11th Cir. 1994), cert. denied, 513 U.S. 1131 , 115 S. Ct. 944 , 130 L.
discussed Cited as authority (rule) United States v. Garcia Abrego
5th Cir. · 1998 · confidence medium
Assuming, merely for the sake of argument, that a juror strictly complying with this instruction—as we assume that the jurors in this ease did, see United States v. Jimenez, 77 F.3d 95, 99 (5th Cir.1996)—could have, as a theoretical matter, found Garcia Abrego guilty of conducting a CCE on the basis of his association with persons who could not have constituted his supervisees as a matter of law, 11 we are unconvinced that such error rises to the level of plain error.
discussed Cited as authority (rule) United States v. Tencer
5th Cir. · 1997 · confidence medium
However, the government has failed to offer any explanation as to how the payment of legitimate claims furthered the scheme to defraud. 2 Because each of these checks identified the claims being paid, we are not faced with the gap in the evidence just discussed in connection with the Blue Cross checks. 8 also United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996).
cited Cited as authority (rule) United States v. Asibor
5th Cir. · 1997 · confidence medium
United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
discussed Cited as authority (rule) United States v. James R. Fisher and John H. Carney
5th Cir. · 1997 · confidence medium
“To overturn the convictions on a sufficiency of the evidence challenge, we must find that a rational trier of fact could not have found that the government proved the essential elements of the crime charged beyond a reasonable doubt.” United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
examined Cited as authority (rule) United States v. Perry G. Blocker (4×)
5th Cir. · 1997 · confidence medium
United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
discussed Cited as authority (rule) Adanandus v. Johnson
W.D. Tex. · 1996 · confidence medium
See United States v. Krout, 66 F.3d 1420, 1428 (5th Cir.1995), cert, denied, — U.S. —, 116 S.Ct, 963 , 133 L.Ed.2d 884 (1996) (holding Batson objections must be raised before venire dismissed); Thomas v. Moore, 866 F.2d 803, 805 (5th Cir.), cert, denied, 493 U.S. 840 , 110 S.Ct. 124 , 107 L.Ed.2d 85 (1989) (“A timely objection and the corresponding opportunity to evaluate the circumstances of the jury selection process are essential to a trial court's reasoned application of the limitations placed on peremptory challenges by the Batson holding.”). 273 .See United States v. Fike, 82 F.3…
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. JUAN GARCIA ABREGO
unknown court · confidence medium
Assuming, merely for the sake of argument, that a juror strictly complying with this instruction--as we assume that the jurors in this case did, see United States v. Jimenez, 77 F.3d 95, 99 (5th Cir. 1996)--could have, as a theoretical matter, found Garcia Abrego guilty of conducting a CCE on the basis of his association with persons who could not have constituted his 50 supervisees as a matter of law,11 we are unconvinced that such error rises to the level of plain error.
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. JAMES R. FISHER and JOHN R. CARNEY
unknown court · confidence medium
“To overturn the convictions on a sufficiency of the evidence challenge, we must find that a rational trier of fact could not have found that the government proved the essential elements of the crime charged beyond a reasonable doubt.” United States v. Jimenez, 77 F.3d 95, 97 (5th Cir. 1996).
discussed Cited as authority (rule) UNITED STATES of America v. Perry G. BLOCKER (2×)
unknown court · confidence medium
United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
cited Cited "see" United States v. Cantu-Ramirez
5th Cir. · 2012 · signal: see · confidence high
See United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996) (holding that the introduction of a redacted confession during rebuttal did not violate a co-defendant’s Confrontation Clause rights).
discussed Cited "see" Darnita McGhee v. Joan Yukins, Warden
6th Cir. · 2000 · signal: accord · confidence high
United States v. Vasquez, 874 F.2d 1515, 1518 (11th Cir.1989) ("the admission in a joint trial of a codefendant's confession that is redacted to substitute a neutral pronoun or other general word for the name of the complaining defendant does not violate Bruton so long as the confession does not compel a direct implication of the complaining defendant"); accord United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996); United States v. Donahue, 948 F.2d 438, 443-44 (8th Cir.1991); California v. Fletcher, 13 Cal.4th 451 , 53 Cal.Rptr.2d 572 , 917 P.2d 187, 197-98 (1996); Kansas v. Butler, 257 Kan…
cited Cited "see" United States v. Bruce Carneil Webster, A/K/A B-Love
5th Cir. · 1999 · signal: see · confidence high
See United States v. Jimenez, 77 F.3d 95, 100-01 (5th Cir.1996) (other redeeming qualities relevant).
cited Cited "see" United States v. Hickman
5th Cir. · 1998 · signal: see · confidence high
See United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996).
cited Cited "see" United States v. Hickman
5th Cir. · 1998 · signal: see · confidence high
See United States v. Jimenez, 77 F.3d 95, 98 (5th Cir.1996).
cited Cited "see" UNITED STATES OF AMERICA v. BRUCE CARNEIL WEBSTER, a/k/a B-Love
unknown court · signal: see · confidence high
See United States v. Jimenez, 77 F.3d 95, 100-01 (5th Cir. 1996) (other redeeming qualities relevant).
discussed Cited "see, e.g." United States v. Ortiz
5th Cir. · 2026 · signal: see also · confidence medium
KP’s blood was tested twelve hours after surgery, and bupivacaine and lidocaine have short half-lives, 258 so it would not be surprising to detect a small amount of bupivacaine and lidocaine many hours after surgery. _____________________ 252 ROA.2222-23. 253 See ROA.2201, 2413, 8147-224 (explaining that bupivacaine should not have been there because its half-life is 2.7 hours, and any bupivacaine administered in KP’s first surgery on August 18 would not have been detectable by the end of the day on August 19, when her blood sample was drawn). 254 See ROA.2219-20. 255 See ROA.2219-20; see …
discussed Cited "see, e.g." Hicks v. Johnson
5th Cir. · 1999 · signal: see also · confidence low
Id. at 350 (internal quotations and citations omitted); see also United States v. Jimenez, 77 F.3d 95 (5th Cir.1996); United States v. Cobb, 975 F.2d 152 (5th Cir.1992). 10 . 492 U.S. 302 , 109 S.Ct. 2934 , 106 L.Ed.2d 256 (1989). 11 . 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). 12 .
discussed Cited "see, e.g." United States of America, Plaintiff-Appellee-Cross-Appellant v. Steven B. Tencer and Ronald Lazar, Defendants-Appellants-Cross-Appellees
5th Cir. · 1997 · signal: see also · confidence medium
The government need not demonstrate that Tencer was aware that these particular patients were scheme participants; rather, the intent element is satisfied as long as the government showed that Tencer willfully participated in a scheme to defraud “with the intent that the scheme’s illicit objectives be achieved.” United States v. Rochester, 898 F.2d 971, 977 (5th Cir.1990); see also United States v. Jimenez, 77 F.3d 95, 97 (5th Cir.1996).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Juan JIMENEZ, Defendant-Appellant
94-20885.
Court of Appeals for the Fifth Circuit.
Feb 21, 1996.
77 F.3d 95
Marjorie A. Meyers, Bennett, Secrest, Meyers, Houston, TX, for appellant., Katherine L. Haden, Paula C. Offenhau-ser, Asst. U.S. Attys., and Gaynelle G. Jones, U.S. Atty., Houston, TX, for appellee.
Jolly, Duhé, Wiener.
Cited by 53 opinions  |  Published
DUHÉ, Circuit Judge:

Defendant, Juan Jimenez and his eode-fendant, Christopher D’Cunha, were each convicted of one count of conspiracy to commit mail fraud and nine counts of mail fraud after a joint trial. Jimenez was sentenced to 18 months imprisonment, 3 years supervised release and $182,062 in restitution payable to Sphere Supply Inc. (Sphere), the victim of the fraud. Jimenez appeals his conviction and sentence.

Sphere purchased parts, equipment and expendables to support oil drilling operations for Santa Fe International, Inc., Sphere’s parent company. D’Cunha, a buyer employed by Sphere, first met Jimenez while Jimenez was working for Aurora Pump Company. In time, Jimenez left Aurora and formed Tex-Quip Inc. Jimenez continued to sell pumps to Sphere and others.

D’Cunha approached Jimenez with a proposal to form a corporation to do business as six different companies selling oilfield equipment and supplies. Jimenez agreed. JCI Inc. was formed and six related companies were started. The registered owners of the JCI companies were the wives of Jimenez and D’Cunha. The companies had different telephone numbers which were manned by an answering service and different addresses which were either post office boxes or the residences of Jimenez family members. A fictitious contact person was created for each company for sales made to Sphere.

D’Cunha then sought involvement in Tex-Quip. D’Cunha was paid $2800 per month by Tex-Quip and an agreement was signed that gave D’Cunha and Michael Reece, a Tex-Quip salesman, ownership interests in a related company, Tex-Quip Supply Inc. D’Cunha, his wife and his separate company, A-l Investments, received funds from both Tex-Quip and Tex-Quip Supply. Approximately 40% of Tex-Quip and the JCI Companies’ revenue during the three year course of the scheme came from sales to Sphere.

Jimenez raises five points of error: (1) insufficient evidence of intent to defraud, (2) erroneous admission of an out-of-court statement by D’Cunha, (3) improper award of restitution, (4) erroneous limitation of cross-examination, and (5) government’s use of preemptory strikes in a racially discriminatory manner. We affirm the convictions but vacate the sentence because the award of restitution was improper.

I. Sufficiency of Evidence of Intent to Defraud.

Jimenez argues that the government presented insufficient evidence of the specific intent to defraud required by 18 U.S.C. §§ 371 and 1341. To overturn the convictions on a sufficiency of the evidence challenge, we must find that a rational trier of fact could not have found that the government proved the essential elements of the crime charged beyond a reasonable doubt. United States v. McCord, 33 F.3d 1434 (5th Cir.1994). We must view the evidence in the light most favorable to the verdict, accepting all credibility choices and reasonable inferences made by the jury. Id.

Intent to defraud requires an intent to (1) deceive, and (2) cause some harm to result from the deceit. United States v. St. Gelais, 952 F.2d 90 (5th Cir.1992) (wire fraud). [1] Intent to defraud exists if the defendant acts knowingly with the specific intent to deceive for the purpose of causing financial loss to another or bringing about some financial gain to himself. U.S. v. Rico Industries, Inc., 854 F.2d 710 (5th Cir.1988). Conspiracy to commit mail fraud requires proof of intent to commit mail fraud. United States v. Sneed, 63 F.3d 381 (5th Cir.1995). Jimenez admits that he used fictitious business contact names and fictitious business addresses. The evidence also shows that he engaged in the venture to make a profit. This evidence is sufficient for a rational trier of fact to have found that Jimenez had the[*98] intent to deceive Sphere for the purpose of bringing about financial gain to himself.

II. Admission of Nontestifying Codefend-ant’s Out-of-Court Statement.

Apparently in an effort to show that the money paid to D’Cunha was not a kickback, Jimenez testified that D’Cunha was a true partner who provided expertise and business leads to their venture. On cross-examination, Jimenez testified that he would be surprised if D’Cunha said that D’Cunha brought only Sphere business to the table. D’Cunha did not take the stand or put on any evidence on this issue. During rebuttal, the Government introduced a redacted out-of-court statement given by D’Cunha during Sphere’s initial investigation of the scheme:

DH [2] : Okay, other than your wife’s involvement as supposedly a 50 percent owner, someone who has received a salary and someone who has received some monies in addition to that salary, what involvement have you had with JCI EQUIPMENT?
CD: The business with SPHERE, the orders, writing the orders and ah material being supplied, given.
DH: And what did you bring to the table other than more business with SPHERE?
CD: That’s all.

The court instructed the jury that the statement could be considered against only D’Cunha and not against Jimenez.

Jimenez argues that despite the court’s limiting instruction, the admission of the statement violated his right under the Confrontation Clause to cross-examine witnesses against him. [3] A defendant is deprived of this right when a codefendant’s incriminating confession is introduced at their joint trial, even if the jury is instructed to consider that confession only against the codefendant. Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). The Court reasoned:

[Tjhere are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored. Such a context is presented here, where the powerfully incriminating extrajudicial statements of a codefendant, who stands accused side-by-side with the defendant, are deliberately spread before the jury in a joint trial.

Bruton, 391 U.S. at 135-36, 88 S.Ct. at 1627-28 (citations omitted).

The jBruton rule, however, is a narrow one that applies only to statements that directly implicate the defendant without reference to other admissible evidence. Richardson v. Marsh, 481 U.S. 200, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987); United States v. Espinoza-Seanez, 862 F.2d 526 (5th Cir.1988). In Richardson, the Court found that a code-fendant’s extrajudicial confession that was carefully redacted to eliminate the defendant’s name and any reference to her existence did not fall within Bruton. Richardson, 481 U.S. at 211, 107 S.Ct. at 1709. Similarly, in Espinoza-Seanez, this Circuit held that a confession acknowledging the existence of a co-conspirator without naming the defendant did not directly implicate the defendant. Espinoza-Seanez, 862 F.2d at 533-35. We treat D’Cunha’s statement no differently.

The statement, standing alone, does not directly implicate Jimenez. D’Cunha admits that he was paid by Tex-Quip, that he had an ownership interest in the JCI companies, and that he brought only Sphere business to the table, but nothing in the statement connects Jimenez to the companies. Jimenez’s connection to the companies was proven by other evidence including Jimenez’s own testimony. , The statement does not directly implicate Jimenez on its face and thei'efore, is not covered by Bruton.

[*99] Jimenez argues that because the statement was introduced during rebuttal to impeach Jimenez’s testimony, the jury could not follow the court’s limiting instruction. Therefore, the rationale for the Bruton exception, the jury’s inability to follow the instruction, compels an extension of Bruton to the facts of this case. We disagree.

While presentation of the statement during rebuttal may make the evidence more prominent in the jurors’ minds, we see no reason why the jury would be incapable of disregarding the statement and considering the case against Jimenez without considering the statement. We decline based solely on the phase of trial in which the evidence was introduced to create another exception to the general assumption that juries follow instructions.

III. Restitution.

Jimenez challenges the legality of the restitution order. We review de novo. U.S. v. Reese, 998 F.2d 1275, 1280 (5th Cir.1993).

The Victim and Witness Protection Act (VWPA) permits a court to order a defendant to pay restitution to any victim of a Title 18 offense. 18 U.S.C. § 3663 (Supp.1995). In determining whether to award restitution and the amount payable, the court shall consider: (1) the amount of the loss sustained by any victim as a result of the offense, (2) the financial resources of the defendant, and (3) the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. 18 U.S.C. § 3664 (Supp.1995).

The district court, relying on the Sentencing Guidelines [4] and not the VWPA, found that Sphere suffered a loss and calculated the amount of the loss as Jimenez’s gain from sales to Sphere. Jimenez contends that because the prices of the equipment sold to Sphere were at or below market price, Sphere suffered no loss and cannot be awarded restitution under the VWPA. We agree. Section 2F1.1 deals with determination of loss for purposes of determining length of sentence not amount of restitution. United States v. Badaracco, 954 F.2d 928, 942-43 (3d Cir.1992).

The government argues that kickbacks to D’Cunha are loss for the purpose of the VWPA relying on United States v. Rico Industries, Inc., 854 F.2d 710 (1988). In Rico, however, the existence of kickbacks was proof of fraud, not of loss under the VWPA. The court went on to affirm the restitution order but only to the extent of the victim’s actual damages. Id. at 714.

The government also argues that Sphere suffered a loss for which restitution is appropriate because Sphere was deprived of the use of its money when the money was used for an unauthorized purpose, i.e. payments to D’Cunha. See United States v. Kirkland, 853 F.2d 1243 (5th Cir.1988). In Kirkland, the defendant was a developer who received loans from the Farmers Home Administration (FmHA) for a housing project on the condition that he would have no “identity of interest” with the general contractor for the project. The defendant violated that condition when he received consulting fees from the contractor. The defendant pled guilty to concealing information relating to the use of the government loan and was ordered to pay restitution. The defendant objected to the restitution order arguing that the FmHA had suffered no loss because the loan was being repaid. The court held that the loss of control over the money constituted an injury for which restitution was authorized. Id. at 1247.

Kirkland is different from this case in two respects. First, in Kirkland money was the commodity, the object of the transaction. Therefore, the loss of control of money was an injury for which restitution could be ordered. Here, money was simply an instrument of exchange. Sphere wanted quality equipment at a fair price and does not dispute that it received quality equipment at a[*100] fair price. Second, the Kirkland defendant’s argument that repayment of the loan prevented any finding of loss is based on a future event. Here, future events play no role. Sphere has received the equipment and material and realized the benefits associated with that equipment. Kirkland is not controlling.

We find U.S. v. Hayes, 32 F.3d 171 (5th Cir.1994) persuasive. In Hayes, the defendant pled guilty to possession of stolen mail (three credit cards), was sentenced to six months imprisonment and was ordered to pay $3,255 in restitution to the credit card companies. This court recognized that the credit card companies did not suffer loss from the defendant’s possession of the cards and vacated his sentence. [5] Id. at 173. See also United States v. Cobbs, 967 F.2d 1555 (11th Cir.1992) (possession of access device caused no loss to victim and could not support restitution award) and United States v. Domincio, 765 F.Supp. 1259 (E.D.Va.1991) (restitution improper where victim has suffered no real loss).

While gain to a defendant is sufficient to show an intent to defraud, it is not sufficient alone to invoke a court’s authority to order restitution under the VWPA which requires a real or actual loss to a victim. As to Jimenez, Sphere suffered no loss. We therefore vacate the sentence and remand for resentencing keeping in mind that the district court imposed no fine in light of the restitution order. Hayes, 32 F.3d at 173; United States v. Aguirre, 926 F.2d 409 (5th Cir.1991).

IV. Limitation of Cross-Examination.

Defendant argues that his cross-examination of Richard Hoffman, a Sphere executive testifying for the government, was erroneously restricted. Defense counsel notified the court before trial that he intended to cross-examine Hoffman regarding Sphere’s demands for civil damages from Defendant for the purpose of showing motivation for the criminal prosecution and bias on the part of Mr. Hoffman. The court ruled that the motivation for the prosecution was irrelevant to Defendant’s guilt or innocence but that the evidence could be relevant to show witness bias provided the proper predicate was laid. At trial, defense counsel made no attempt to lay a foundation to show witness bias or prejudice. He simply submitted correspondence between the parties regarding negotiations in the potential civil matter as an offer of proof. Because counsel did not attempt to lay a predicate for showing bias and made no other attempt to elicit the testimony, there was no exclusion of evidence or limitation of cross-examination.

V. Batson Challenge.

The Prosecutor struck one African-American and two Hispanic venirepersons with three of her preemptory strikes although three African-American and two Hispanic venirepersons were empaneled. Despite the court’s finding that Defendant did not make a prima facie showing of discriminatory intent, the Prosecutor gave race neutral reasons for the strikes and the court further found that the Government met its burden of providing race-neutral explanations for the strikes in accordance with Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). These findings are not clearly erroneous. Hernandez v. New York, 500 U.S. 352, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991).

Defendant challenges the Prosecutor’s reasons by arguing that similarly situated jurors were not eliminated. United States v. Bentley-Smith, 2 F.3d 1368, 1373-74 (5th Cir.1993). The challenge is without merit.

The Prosecutor struck the African-American venireperson because he was too young, uneducated, had not worked in a company setting and had no religious preference. The defense compared him to three other jurors who each possessed at least one of the named qualities. The seated jurors also possessed[*101] other qualities the Government found redeeming. Simply put, the jurors were not similarly situated.

Defendant makes similar arguments with regard to the two Hispanic venirepersons. The first was struck due to potential bias against the prosecution because a close relative was convicted by federal prosecutors. Defendant compares her to two jurors with DWI convictions but the convictions did not involve federal prosecutors. The second Hispanic venireperson was struck because he was unhappy with the prosecutions in two cases where close family members were killed. The juror who Defendant argues is similarly situated suffered a similar tragedy but expressed no dissatisfaction with the prosecution in that case. Defendant has failed to show discriminatory intent.

We AFFIRM Jimenez’s conviction but VACATE his sentence and REMAND for resen-tencing.

1

. The wire fraud and mail fraud statutes contain similar language and arc governed by the same analysis. United States v. Loney, 959 F.2d 1332 (5th Cir.1992).

2

. DH is the attorney for Sphere; CD is Christopher D’Cunha.

3

. In his brief, Jimenez argues that the statement rebutted nothing presented by D’Cunha and thus, was outside the scope of rebuttal. The issue was conceded by defense counsel at oral argument however.

4

. The district court relied on the Sentencing Guidelines § 2F1.1, Application Note 8 which states in part:

For the purposes of subsection (b)(1) [of § 2F1.1], the loss need not be determined with precision. The court need only make a reasonable estimate of the loss, given the available information ... The offender’s gain from committing the fraud is an alternative estimate that ordinarily will underestimate the loss.
5

. The primary concern in Hayas was whether the restitution order could include losses other than those directly tied to the offense for which the defendant was convicted. Additionally, the de-fcndanl claimed that he purchased the credit cards from an acquaintance and had not used the credit cards although he planned to do so.