Tuesday, June 21, 2011
Ind. Decisions - 7th Circuit issues one Indiana opinion today
In USA v. Locke (SD Ind., McKinney), a 30-page opinion, Judge Kanne writes:
Donella Locke became a real estate agent in an ill-fated attempt to rebuild her credit and get out of debt. In 2008, she was indicted on fourteen counts of wire fraud or aiding and abetting wire fraud in violation of 18 U.S.C. §§ 2 and 1343—as well as a charge of conspiracy to commit wire fraud in violation of 18 U.S.C. § 371—for her role in several real estate transactions. At trial, the government presented evidence of only the five wire fraud counts in which Locke was the principal offender. The jury convicted Locke on all five counts. We find that the district court did not plainly err in failing to strike witnesses’ brief, candid use of the words “fraud” and “misrepresentation” while testifying about the significance of false information in Locke’s loan applications, so we affirm her conviction. The district court sentenced Locke to seventy-one months’ imprisonment and ordered her to pay restitution, basing part of both the length of her sentence and the amount of restitution on conduct not necessarily encompassed in her charges of conviction. Because the district court’s findings were insufficient to support this judgment, we vacate Locke’s sentence and restitution order and remand for resentencing proceedings.
Posted by Marcia Oddi on June 21, 2011 12:53 PM
Posted to Ind. (7th Cir.) Decisions