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United States v. Byron Keith Allen, United States of America v. Ernest Robert Reinhardt, 491 F.3d 178 (4th Cir. 2007)
Court of Appeals for the Fourth Circuit
Filed: June 22nd, 2007
Precedential Status: Precedential
Citations: 491 F.3d 178
Docket Number: 06-4012

491 F.3d 178

UNITED STATES of America, Plaintiff-Appellee,
v.
Byron Keith ALLEN, Defendant-Appellant.
United States of America, Plaintiff-Appellee,
v.
Ernest Robert Reinhardt, Defendant-Appellant.

No. 05-5249.

No. 06-4012.

United States Court of Appeals, Fourth Circuit.

Argued: March 16, 2007.

Decided: June 22, 2007.

ARGUED: Steven Gene Berry, Rockville, Maryland; Joseph Francis Lawless, Jr., Newtown Square, Pennsylvania, for Appellants. Christine Manuelian, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Dismissed in part; affirmed in part by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge MICHAEL concurred.

OPINION

GREGORY, Circuit Judge:

1
Byron Allen and Ernest Reinhardt ("Appellants") appeal, on various grounds, their convictions for wire fraud under 18 U.S.C. § 1343 (2000). Additionally, Reinhardt raises numerous issues concerning his seventy-month sentence. Because the district court did not commit reversible error, we affirm the Appellants' convictions and sentences.

I.

2
Allen and Reinhardt were indicted on multiple counts of wire fraud in violation of 18 U.S.C. § 1343 arising from their involvement in a scheme that arranged equipment financing for nonexistent equipment. In short, Reinhardt's company, Tech Com, acting as a purported equipment vendor, would arrange, through financing companies, equipment-lease financing for various customers. Reinhardt would take a portion of the loan as a fee and the lessee would keep the remainder. Neither Reinhardt nor his company would provide the lessees with computer equipment. The Government, through prior indictments, secured guilty pleas from eleven other individuals involved in the scheme. A twelfth individual was indicted along with the Appellants but pleaded guilty shortly after trial commenced.

A.

3
At trial, the Government presented evidence that Reinhardt was the major architect of the fraud scheme, while Allen assisted in the scheme through preparing and faxing fraudulent documents. Six other participants in the scheme testified; all six gave similar testimony about the logistics of the scheme, Reinhardt's leadership role, and Allen's involvement.

4
Linda Durkin testified that she was told that Reinhardt could arrange loans through Tech Com, at a cost of twenty percent, to provide needed capital for her mortgage business. Prior to the transaction, Reinhardt told Durkin that the loan was actually an equipment lease for new computers, but that she could use her existing computers as collateral and did not have to provide any documentation as to their value. Throughout her relationship with Reinhardt, Durkin never received any computer equipment—new or used—from Reinhardt or Tech Com. Durkin expressed her concerns about the arrangement and Reinhardt assured her that it was legal, but that the leasing companies "don't really like it." J.A. 5267.

5
Reinhardt instructed her to tell the financing company that she received new equipment when the company called for verbal verification. Durkin testified that Reinhardt told her: "That if they [the financing company] ask if there's new equipment, yes, it's new equipment. Tell them—you know, tell them it's been installed. If they ask if it's been installed, delivered, you say yes." J.A. 5272. Reinhardt told Durkin when the financing company was going to conduct an on-site inspection. Prior to the inspection, Reinhardt shipped Durkin labels with serial numbers printed on them that she affixed to her existing computer equipment. The serial numbers did not match those on the actual equipment; instead they matched the numbers on the form for the particular lease.

6
Durkin's account accorded with that of the other witnesses. Clint Garrison and Paul Gregg testified that Reinhardt offered to arrange loans for their financial consulting company for a twenty percent fee. Gregg and Garrison entered into five lease transactions with Reinhardt. Neither Reinhardt nor Tech Com provided any of the computer equipment referenced in the lease documents. Rather, Reinhardt told Garrison to purchase a label gun to manufacture labels with false serial numbers on them and affix those labels to computer equipment prior to a physical inspection. In addition to transactions for their own company, Garrison and Gregg also arranged leases through Reinhardt for two other companies with which they were involved. None of these companies received computer equipment through the leases from Reinhardt or any of his associates or associated entities. Reinhardt was the contact person on all of these leases.

7
Likewise, Tigran Khrlobian was introduced to Reinhardt because he needed to raise capital for his insurance agency, Proshield, which had recently emerged from bankruptcy. When he first met with Reinhardt, Reinhardt explained that Khrlobian's company could enter into computer leases and receive money, rather than equipment. Khrlobian entered into at least seven lease transactions through Reinhardt, with Tech Com acting as the purported equipment vendor. He never permanently received any of the computer equipment represented in the leases. When the financing company performed an on-site inspection, Reinhardt brought Khrlobian equipment, used a label maker to affix serial numbers to the devices, and then removed the equipment shortly after the inspection. Reinhardt coached Khrlobian to respond to telephone inquiries from the financing companies by saying that the equipment was there and that Khrlobian was happy with it.

8
Jacques Smith testified that he started a debt collection business, CRU & Associates, with coconspirator Marc Washington. Smith and Washington were introduced to Reinhardt, who promised that he could arrange for two $50,000 loans to CRU. Smith and Washington had bad credit, but filled out a loan application sent by Reinhardt using Washington's grandmother as the applicant (with her permission).

9
Reinhardt then informed Smith that the loan would not be approved without CRU having a Dun & Bradstreet ("D & B") report. Smith filled out a basic D & B report for CRU, but the bank was not satisfied and wanted a full D & B report. Smith then filled out a full D & B report, in which he provided a false reference supplied by Reinhardt. Reinhardt told Smith that the bank wanted audited financial statements for the company but that he had contacts in California who could provide financial reports for CRU for $600 to $1,000. Smith and Washington ordered the reports, which arrived two or three days later. Smith and Washington had never provided Reinhardt with any financial information about CRU; the reports they purchased were completely fabricated.

10
When Reinhardt forwarded Smith the final loan documents that needed to be signed by Washington's grandmother, Smith realized that the loan was actually in the form of a lease for computers. Neither Smith, Washington, nor CRU ever requested or received computer equipment in connection with the loan. Reinhardt told Smith that when the financing company called to ask about the equipment, that Smith should tell them that CRU had received new computer equipment. This first lease transaction yielded CRU around $30,000. The second loan that Smith arranged through Reinhardt required an on-site inspection. Reinhardt faxed Smith a list of serial numbers to affix to the back of CRU's existing computer equipment.

11
Reinhardt instructed Smith that CRU needed to make at least the first two to four monthly payments on the lease transactions to avoid suspicion of fraud. Reinhardt told Washington that if he made a minimum of six or seven payments on the loan, it would not be red-flagged. After those payments, Reinhardt informed Washington that he could "utilize the insurance that also comes with the leases, and report, act like you had a break-in at your establishment and report the computers stolen to get out of the lease." J.A. 2965.

12
After a dispute, Smith ended his relationship with Reinhardt and Washington. Washington testified that he then formed his own corporation, Futureview Graphics, which he and Reinhardt used as a lessee in two fraudulent leases. Washington also generated numerous lessees through his friends, using their existing businesses or assisting them in creating new ones. Reinhardt represented Tech Com as the vendor on all of these transactions. Reinhardt took fees of ten to twenty percent on these leases, then Washington took fees and provided the remainder to the lessees. Washington often set up computers at business locations for on-site inspections by finance companies. Reinhardt faxed Washington a list of serial numbers, so that Washington could affix those numbers to the computers. Washington removed the computers after the inspections were complete.

13
The father of Washington's girlfriend was listed as a guarantor for some of the lease transactions for lessee Variety Cutz and was falsely listed as the president of the company. Washington testified that he joked to Reinhardt about the ownership of Variety Cutz and that Reinhardt compared it to Washington's grandmother nominally owning CRU, because Washington had used her credit. Reinhardt's knowledge of the Variety Cutz arrangement was demonstrated by his threats to Washington's girlfriend that he would "let it be known that [she and Washington] used her father's information." J.A. 3058.

14
A representative of CIT, which financed seven of Tech Com's leases, testified that the invoice provided by the vendor is the title to the equipment and represents the bill of sale. CIT would not have approved loans if they knew that the equipment in the invoice had never been sold or delivered. If the money from the loan flowed to the lessee rather than the vendor, it would have raised a red flag as a violation of the agreements, which purported to be equipment-financing leases. The seven leases with Tech Com were not sale-leaseback arrangements and were supposed to be for purchase of new equipment. If Tech Com had wanted to finance sale-leasebacks from CIT, there would have been different paperwork evidencing ownership and title to the underlying equipment as well as its value. If Tech Com wanted working capital loans, there would have been proof-of-ownership and UCC documents.

15
Representatives of other financing companies testified to the same material facts. For example, a representative of Alliance Capital testified that he dealt with Reinhardt and Allen at Tech Com and that he understood Reinhardt to be the manager and Allen to be in sales. Alliance would not have engaged in any of the lease transactions with Tech Com if they were aware that there was no actual computer equipment.

16
With respect to Allen, Washington testified that Allen was a sales processor at Tech Com. When Washington submitted a lease-transaction application to Tech Com, Allen was one of the processors who called the customers and verified information before submitting the application to the financing company. Allen assisted with some twenty of the lease transactions that Washington and Reinhardt conducted following the creation of Futureview Graphics. Reinhardt told Washington that Allen received commission payments on the transactions with which he assisted. Allen received approximately $19,930 in payments from Tech Com. Allen worked from Reinhardt's office at Tech Com, where a fax machine was located. Numerous fax cover sheets were entered into evidence that had Allen's name on them and referenced lease agreements between Tech Com and various companies. These cover sheets all accompanied invoices or other documents related to the fraudulent lease transactions.

17
The jury found Reinhardt guilty of twenty-nine counts of wire fraud and Allen guilty of six counts of wire fraud. The jury could not reach a verdict on one count of wire fraud for both defendants and on one count with which only Allen was charged. After a three-day sentencing hearing, the district court sentenced Reinhardt to seventy months in prison and Allen to thirty-seven months. This appeal followed.

II.

18
Reinhardt and Allen allege that there was insufficient evidence to sustain their convictions and that the district court improperly instructed the jury on the mens rea requirement of wire fraud. They argue that the evidence did not establish that either engaged in wire fraud because Washington was the architect of the scheme and they were unknowing participants. In addition, they claim that the evidence did not establish that either possessed the requisite mens rea to commit fraud because they believed that the leases would be paid back to the financing companies. Finally, they assert that an error in a jury instruction misstated the law and allowed the jury to convict with less than the required quantum of evidence of fraudulent intent.

19
In evaluating a challenge to the sufficiency of evidence for conviction, "this Court must determine whether, construing the evidence in the light most favorable to the government, any reasonable trier of fact could have found [the defendant] guilty beyond a reasonable doubt." United States v. Curry, 461 F.3d 452, 457 (4th Cir.2006). In our inquiry, the Government is given "the benefit of all reasonable inferences from the facts proven to those sought to be established." United States v. Tresvant, 677 F.2d 1018, 1021 (4th Cir. 1982). Accordingly, "if the record reflects that the Government presented substantial evidence from which a reasonable jury could convict, we must uphold the verdict." United States v. Godwin, 272 F.3d 659, 666 (4th Cir.2001). Moreover, "[w]here there are conflicts in the testimony, it is for the jury and not the appellate court to weigh the evidence and judge the credibility of the witnesses." Curry, 461 F.3d at 457 (alteration in original) (quoting Tresvant, 677 F.2d at 1021).

A.

20
When viewed in the light most favorable to the Government, there is ample evidence to sustain the convictions of both Reinhardt and Allen. Wire fraud under 18 U.S.C. § 1343 has "two essential elements: (1) the existence of a scheme to defraud and (2) the use of . . . wire communication in furtherance of that scheme." Curry, 461 F.3d at 457. The evidence adduced at trial supports the jury verdict that Allen and Reinhardt engaged in conduct satisfying both elements of the charged offense and that both had the requisite mental state, including intent to defraud, required under the statute. Thus, we reject Appellants' sufficiency of the evidence claim and sustain the jury verdict.

21
Allen and Reinhardt argue that they were not the principals in the fraud scheme and that Washington was the scheme's mastermind. The evidence presented at trial demonstrates that both Appellants engaged in conduct that satisfies the wire fraud statute. Furthermore, Reinhardt's attempt to portray himself as a victim of Washington does not comport with the weight of the evidence. Five witnesses testified that it was Reinhardt, not Washington, who was the principal architect of the fraudulent scheme. Durkin, Gregg, Garrison, Khrlobian, and Smith all testified that they dealt with Reinhardt in securing financing from lease transactions, that they never received any computer equipment in connection with those transactions, and that Reinhardt told them to make the first few payments on the leases to avoid raising the suspicion of the financing companies. In addition, Reinhardt instructed each of them to represent to the financing companies that they had received new equipment, sometimes going so far as to bring that equipment to their businesses for on-site inspections and removing the equipment after completion of the inspection. The financing companies testified as to their extensive dealings with Reinhardt, whom they believed was in charge at Tech Com and his other companies, and that they never would have provided financing for any lease transactions involving Reinhardt if they were aware that no new computer equipment was being provided to the lessees.

22
The evidence also demonstrates that Allen participated in the lease transactions, working out of Reinhardt's office, faxing documents, and processing leases by phone. Allen's name appears on the fax cover sheet of numerous faxes containing false invoices in connection with lease transactions. Allen received commission payments from these transactions and was aware that Tech Com was not providing equipment in connection with the leases. Indeed, Allen accompanied Reinhardt on trips to temporarily set up computer equipment with false serial numbers for on-site inspections. Given this evidence, the jury was not unreasonable in concluding that Allen was a full participant in the fraudulent scheme when he interacted with Reinhardt, customers, and financing companies in connection with transactions concerning equipment he knew not to exist.

23
In sum, overwhelming evidence was adduced at trial to support the convictions of both Reinhardt and Allen on wire fraud and aiding and abetting wire fraud. Contrary to Reinhardt's contention on appeal, he was not Washington's innocent victim, but a full participant in the fraud scheme, instructing other coconspirators on the methodology of the fraud and serving as a chief contact to financing companies. Contrary to Allen's contentions, there is ample evidence that he faxed fraudulent documents and assisted in completing lease transactions for computers that he knew did not exist. Allen cannot feign ignorance of the scheme simply because he did not participate to the extent of Washington or Reinhardt.

B.

24
"The intent to repay eventually is irrelevant to the question of guilt for fraud." Curry, 461 F.3d at 458; see United States v. Kenrick, 221 F.3d 19, 29 (1st Cir.2000) (en banc) ("[T]he intent element of bank fraud . . . is an intent to deceive the bank in order to obtain from it money or other property. `Intent to harm' is not required." (footnote omitted)); United States v. Hollis, 971 F.2d 1441, 1452 (10th Cir. 1992) ("[I]f a defendant knowingly provided materially false information in order to induce the loan, [bank fraud] is complete, and it is irrelevant whether or not he intended to repay it or was capable of repaying it."); see also United States v. Bivins, 104 Fed.Appx. 892, 902-03 (4th Cir.2004) (affirming trial court's refusal to instruct jury based on defendant's theory that he "never intended to cause financial harm or loss to any financial institution because he believed [a coconspirator] would pay back all of the secured loans").

25
Accordingly, Appellants cannot rely on a belief that the customers for whom they arranged false computer equipment leases from financing companies were going to pay the loans in full. This argument is especially dubious given the evidence that Reinhardt instructed customers on the number of payments to make to avoid being red-flagged, provided false serial numbers to be affixed to equipment to deceive financing company inspectors, and told customers to inform the financing companies that the equipment was new and satisfactory, when, in fact, it did not exist. These actions are sufficient to establish the necessary mens rea for wire fraud. Cf. United States v. Godwin, 272 F.3d 659, 669-70 (4th Cir.2001) ("The jury was also entitled to conclude that the partial reimbursements to the initial investors were meant to dispel investor concerns, to quiet what are commonly referred to as `squeaky wheels,' to keep investigators away from the scheme, and, in sum, to permit the fraud scheme to be perpetrated."); United States v. Painter, 314 F.2d 939, 943 (4th Cir.1963) (noting that lulling payments do not establish good faith as they are intended to conceal the fraud and "ensnare" other victims).

C.

26
"The decision to give or not to give a jury instruction is reviewed for an abuse of discretion." United States v. Moye, 454 F.3d 390, 397-98 (4th Cir.2006). Whether the district court has properly instructed a jury on the statutory elements of an offense is a legal question that we review de novo. United States v. Rahman, 83 F.3d 89, 92 (4th Cir.1996). "However, in reviewing the propriety of jury instructions, we do not view a single instruction in isolation; rather we consider whether taken as a whole and in the context of the entire charge, the instructions accurately and fairly state the controlling law." Id. We will not vacate a conviction on the basis of an erroneous jury charge if, in light of the above inquiry, the charge contained an adequate statement of the law and was not misleading. United States v. Scott, 424 F.3d 431, 434 (4th Cir.2005).

27
Reinhardt and Allen complain that the district court omitted a clause from a written jury instruction ("Instruction 40") provided to the jury after they commenced deliberations, and thus that the instruction was erroneous. The district court instructed the jury orally:

28
You are instructed that if the defendant participated in the scheme to defraud, then a belief by the defendant, if such belief existed, that ultimately everything will work out so that no one would lose any money does not require a finding by you that the defendant acted in good faith.

29
If the defendant participated in the scheme for the purpose of causing some financial or property loss to another, then no amount of honest belief on the part of the defendant that the scheme would not cause a loss, or would excuse fraudulent actions or false representations by him.

30
A defendant's belief that the victim of the fraud will be paid in the future or will sustain no economic loss is no defense to the crimes charged in the indictment.

31
J.A. 4751-52 (emphasis added). When the district court gave the above instruction to the jury in written form as Instruction 40, the middle paragraph was omitted. Reinhardt and Allen contend that the omission of the phrase "for the purpose of causing some financial or property loss to another" misstated the law and allowed the jury to convict even if there was not sufficient evidence that they possessed intent to defraud.

32
Instruction 40, although omitting a clause, did not misstate the controlling law or mislead the jury as to the elements of the offense. First, when the district court orally instructed the jury on the portion of the charge later contained within written Instruction 40, the phrase "for the purpose of causing some financial or property loss to another" was included. More importantly, Instruction 40 advised, in the paragraph following the omitted language:

33
[I]n order to sustain the charges against the defendant, the government must establish beyond a reasonable doubt that he knew that his conduct as a participant in the scheme was calculated to deceive and, nonetheless, he associated himself with the alleged fraudulent scheme for the purpose of causing some loss to another.

34
J.A. 5318 (emphasis added). On the first page of the written instruction, intent to defraud is defined as "to act knowingly and with the specific intent to deceive, for the purposes of causing some financial or property loss to another." J.A. 5316. If the jury found that the defendant lacked that specific intent to defraud, the instruction counseled an acquittal.

35
Furthermore, as the district court recounted during sentencing, the jury instructions as a whole repeatedly emphasized that the Government had to prove the requisite intent beyond a reasonable doubt. For example, the district court instructed the jury orally that the Government was required to prove that "there was a scheme or artifice to defraud or to obtain money or property by materially false and fraudulent pretenses, representations or promises," J.A. 4460, and that the defendant must have "knowingly, willfully, and voluntarily joined in the scheme, [and] must have participated in the scheme with an intent to defraud someone else." J.A. 4756. Based on the entirety of the jury instructions and the context of the omitted sentence, the charge was not misleading and contained an adequate statement of the law regarding the charged offense.

36
Appellants also object to the portion of Instruction 40 that stated: "A defendant's belief that the victim of the fraud will be paid in the future or will sustain no economic loss is no defense to the crimes charged in the indictment." J.A. 5318; Appellants' Br. 16-17. This instruction accurately states the proposition that a belief that the victim will be repaid eventually is not a defense to fraud. See United States v. Molinaro, 11 F.3d 853, 863 (9th Cir. 1993) (approving of identical instruction), contained in Model Crim. Jury Instr. 9th Cir. § 3.17 (2003). In sum, we reject Appellants' arguments regarding the sufficiency of evidence for their conviction and whether the district court properly charged the jury.

III.

37
Allen alleges that the admission of corporate records from Tech Com, produced by Reinhardt in response to a Government subpoena, incriminated Allen, and because Reinhardt was not subject to cross-examination, violated Allen's rights under Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620,  20 L. Ed. 2d 476 (1968). Allen also argues that because of the Tech Com documents, as well as Reinhardt's litigation strategy, the denial of his severance motion constitutes reversible error.

A.

38
In Bruton, the Supreme Court held that where a non-testifying codefendant's statement implicates the defendant, a limiting instruction is inadequate to prevent a violation of the defendant's Confrontation Clause rights. Id. at 135-37, 88 S. Ct. 1620; see United States v. Locklear, 24 F.3d 641, 645 (4th Cir.1994).

39
The threshold issue in this case is whether the Tech Com fax cover sheets containing Allen's name were statements by Reinhardt, a non-testifying codefendant. In Braswell v. United States, 487 U.S. 99, 108 S. Ct. 2284, 101 L. Ed. 2d 98 (1988), the Supreme Court recognized that the act of producing documents pursuant to subpoena could have evidentiary significance. As a consequence, "in a criminal prosecution against the [corporate] custodian, the Government may not introduce into evidence before the jury the fact that the subpoena was served upon and the corporation's documents were delivered by one particular individual, the custodian." Id. at 118, 108 S. Ct. 2284. On the other hand, the government may use the corporation's act of production against the custodian if evidence is adduced from another source that the corporation produced the records. Id. In that case, "[b]ecause the jury [was] not told that the defendant produced the records, any nexus between the defendant and the documents results solely from the corporation's act of production and other evidence in the case." Id.

40
In this case, none of the Tech Com documents introduced into evidence before the jury were referred to as documents produced by Reinhardt. The documents were introduced as Tech Com documents, and witnesses testified as to the phone numbers or handwriting that appeared on the documents. Because the jury was never told that Reinhardt produced the Tech Com evidence, there is no act-of-production inference that could have been drawn. Cf. Braswell, 487 U.S. at 118, 108 S. Ct. 2284. Any link between the Tech Com documents and Reinhardt or Allen resulted solely from other evidence linking the defendants to Tech Com, rather than Reinhardt's act of producing the documents in response to a Government subpoena. Cf. Id. Because the jury was not told that Reinhardt produced the Tech Com records, those records were not statements by him. Where there is no introduction of statements by a nontestifying codefendant, Bruton is not violated.

B.

41
We review the district court's rulings on severance and mistrial claims for abuse of discretion. United States v. Najjar, 300 F.3d 466, 473 (4th Cir.2002). We review factual findings made in connection with those claims for clear error. Id. In Zafiro v. United States, the Supreme Court commented that "[t]here is a preference in the federal system for joint trials of defendants who are indicted together." 506 U.S. 534, 537, 113 S. Ct. 933,  122 L. Ed. 2d 317 (1993). Zafiro noted that joint trials play a vital role in the federal criminal system and promote efficiency while avoiding the possibility of inconsistent verdicts. Id. at 573, 113 S. Ct. 933. Accordingly, Zafiro concluded that "a district court should grant a severance under Rule 14 [of the Federal Rules of Criminal Procedure] only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." Id. at 539, 113 S. Ct. 933.

42
This risk might be present where evidence admissible against one codefendant, but not the other, is introduced. Id. In a complex case, where codefendants have "markedly different degrees of culpability, this risk of prejudice is heightened." Id. Similarly, a defendant may be prejudiced if he could not avail himself of exculpatory evidence in a joint trial that would be available were he tried alone. Id.

43
"[I]t is well settled that defendants are not entitled to severance merely because they may have a better chance of acquittal in separate trials." Id. at 540,  113 S. Ct. 933. Without a strong showing of prejudice, severance is not justified based on the mere disparity of the evidence adduced against individual defendants. United States v. Mandel, 591 F.2d 1347, 1371 (4th Cir.), vacated en banc on other grounds, 602 F.2d 653 (4th Cir.1979). A defendant is not entitled to severance merely because his defense conflicts with or is antagonistic to a codefendant's defense. Zafiro, 506 U.S. at 538,  113 S. Ct. 933; Najjar, 300 F.3d at 474. This is true, even where one defendant desires to exculpate himself by inculpating a codefendant. See Najjar, 300 F.3d at 474 (citing United States v. Spitler, 800 F.2d 1267, 1271 (4th Cir.1986)). A showing to justify severance

44
requires more than finger pointing. There must be such a sharp contrast presented by the defenses that the jury is presented with the proposition that to believe the core of one defense it must disbelieve the core of the other, or that the jury will unjustifiably infer that this conflict alone demonstrates that both are guilty.

45
Id. (quotation marks and citations omitted). This contrast is satisfied where a defendant's guilt is "dictated by the asserted innocence of the codefendants." Id.

46
Reinhardt's affirmative defense— that the Tech Com transactions were legitimate and that Washington was the individual involved in wrongdoing—was likely more harmful than helpful to both him and Allen. Focusing on the efficacy of the defense, however, overlooks the salient fact that both Reinhardt and Allen employed essentially the same defense: that neither were actually engaged in the charged fraudulent scheme and that Washington and others were the true wrongdoers. Although Reinhardt elected to present witnesses to corroborate his theory of being the innocent dupe to a consummate schemer, Washington, and Allen preferred to rest his innocence on the Government's failure to prove his involvement and the canard that he was a mere clerical employee, there was nothing antagonistic, or even incompatible, about the Appellants' defenses.

47
An examination of the evidence presented against Allen during the Government's case, as well as the testimony of Reinhardt's defense witnesses, demonstrates that Reinhardt's defense was not so antagonistic to Allen's that to believe one was to disbelieve the core of the other. Reinhardt's asserted innocence in no way dictated a finding of Allen's guilt. Nor did Reinhardt's defense cause the jury to infer unjustifiably that both Allen and Reinhardt were guilty. Examining the testimony of the witnesses presented during Reinhardt's defense corroborates this conclusion. In addition, there was sufficient evidence presented during the Government's case-in-chief to allow the jury to convict Allen.

48
Allen claims prejudice from a document that was faxed from Allen Freight Systems, a company that he owned, and entered into evidence during the testimony of one of Reinhardt's witnesses. As a result of this document, Allen claims that he was forced to show the jury samples of his own handwriting to establish that he did not fax the document. This, in turn, led the jury to be able to link Allen's handwriting to that on fax cover sheets, in alleged violation of Allen's constitutional rights. This argument ignores that the document was faxed from a company Allen admitted to owning and that the document would have been admissible against him even if he had been tried separately from Reinhardt. Additionally, the Government entered into evidence examples of Allen's handwriting during its case-in-chief in connection with a rental application he submitted. Thus, there was no prejudice to Allen from the entry into evidence of the faxed document from Allen Freight Systems during Reinhardt's affirmative defense.

49
Reinhardt's defense was not so inherently antagonistic to Allen's defense as to justify severance under the standard set forth in Najjar. In addition, Allen has not demonstrated any specific instances of impermissible prejudice from his joint trial with Reinhardt. Thus, we reject his claim that the district court abused its discretion by denying his motions for severance and a mistrial.

IV.

50
Reinhardt alleges that the district court did not properly inquire as to the validity of a potential defense witness's refusal to testify on the basis of his Fifth Amendment right against self-incrimination and thus violated Reinhardt's Sixth Amendment right to compulsory process. In addition, Reinhardt alleges that the Government engaged in misconduct with regard to the potential witness, Robert Hickman, and requests a remand to develop evidence in that regard. Finally, Reinhardt argues that his counsel's acceptance of Hickman's invocation of the privilege represented constitutionally ineffective assistance of counsel. We reject these arguments in their entirety.

A.

51
The Fifth Amendment privilege "not only extends to answers that would in themselves support a conviction under a federal criminal statute but likewise embraces those which would furnish a link in the chain of evidence needed to prosecute the claimant for a federal crime." Hoffman v. United States, 341 U.S. 479, 486, 71 S. Ct. 814, 95 L. Ed. 1118 (1951). The propriety of the invocation of the privilege is not determined by the witness herself, but by the court. Id. Because requiring a witness to prove the necessity of the privilege would often vitiate the privilege itself, "it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result." Id. at 486-87, 71 S. Ct. 814. Because a criminal defendant has a right under the Sixth Amendment to compel testimony, if a defense witness refuses to testify on the basis of the Fifth Amendment, "the trial judge must make a proper and particularized inquiry into the legitimacy and scope of the witness's assertion of the privilege." Gaskins v. McKellar, 916 F.2d 941, 950 (4th Cir.1990). "A witness may be totally excused only if the court finds that he could legitimately refuse to answer any and all relevant questions." Id.

52
In this case, because Reinhardt's counsel accepted Hickman's counsel's assertion that Hickman would invoke his Fifth Amendment privilege, the district court did not err by declining to inquire further, given that it had appointed Hickman counsel on the basis of its threshold belief that there was a valid Fifth Amendment issue. Cf. United States v. Lee, 60 Fed.Appx. 425, 427 (4th Cir.2003); United States v. Ortiz, 82 F.3d 1066, 1073 (D.C.Cir.1996) ("We find no plain error as a result of the district court's failure to inquire sua sponte whether the witness was entitled to assert a blanket privilege.").

B.

53
Reinhardt argues that evidence of a communication between Hickman, his counsel, and the Government prior to Hickman's refusal to testify warrants a remand to determine whether the Government's actions violated Webb v. Texas, 409 U.S. 95, 93 S. Ct. 351, 34 L. Ed. 2d 330 (1972), or United States v. Golding, 168 F.3d 700 (4th Cir.1999). To prevail on a claim of prosecutorial misconduct, a defendant must show (1) that the prosecutor's remarks and conduct were, in fact, improper and (2) that such remarks or conduct prejudiced the defendant to such an extent as to deprive the defendant of a fair trial. Golding, 168 F.3d at 702. In this case, there is no evidence whatsoever that the Government acted improperly in any manner. A remand is thus unnecessary to develop any evidence on this claim.

C.

54
Reinhardt submits that his trial counsel was constitutionally ineffective by acquiescing in Hickman's refusal to testify on the basis of his Fifth Amendment privilege. Claims of ineffective assistance of counsel are normally raised before the district court via 28 U.S.C. § 2255 and are cognizable on direct appeal only where it conclusively appears on the record that defense counsel did not provide effective representation. See United States v. King, 119 F.3d 290, 295 (4th Cir.1997). The record in this case does not conclusively suggest any prejudice to Reinhardt from Hickman's failure to testify. Thus, Reinhardt's ineffective assistance of counsel claim is not cognizable on direct appeal.

V.

55
Allen and Reinhardt argue that the district court's disclosure to the Government of a document containing legal arguments regarding the defense's intended cross-examination of a witness impermissibly intruded upon protected attorney work product and violated their Sixth Amendment rights to effective assistance of counsel. Because the Appellants do not allege any prejudice from the district court's disclosure, and none is apparent from the record, there was no Sixth Amendment violation.

56
Recognizing that Washington was a key witness and that the defense intended to make extensive use of his prior convictions during cross-examination, the district court ordered the defense to prepare a document detailing the specific prior convictions it intended to introduce, as well as legal arguments supporting such questioning. After defense counsel provided the requested document, the court indicated that it would review the document over the weekend and then disclose the document the following Monday to the Government, provided that the Government not reveal the document to the Assistant United States Attorney responsible for preparing Washington for his testimony. Defense counsel did not object at this time.

57
After reviewing the document, the district court ordered the defense to provide a copy to the Government, with the stipulation that it not be shared with the Assistant United States Attorney preparing Washington. At that time, the defense attorney who prepared the document and who intended to cross-examine Washington, who was not present during the previous discussion about the document, objected, claiming that the document was essentially a road map of his cross-examination. Seeking to "avoid having interminable bench conferences," the district court overruled the objection. J.A. 2913.

58
On appeal, Appellants do not allege any prejudice from the district court's decision to allow a Government attorney to view the document prior to the defense's cross-examination. Nor do Appellants argue that the district court's screening order, which essentially kept the document ex parte, at least from the Assistant United States Attorney preparing Washington, was insufficient to prevent prejudice to the Appellants. "[I]t is well settled that some showing of prejudice is a necessary element of a Sixth Amendment claim based on an invasion of the attorney-client relationship." United States v. Chavez, 902 F.2d 259, 266 (4th Cir.1990). Because Appellants do not allege any prejudice from the district court's actions, nor is any prejudice clear from the record, there was no Sixth Amendment violation. The district court took steps to ensure that the document remained screened off from the Assistant United States Attorney responsible for preparing Washington and the defense's cross-examination was not impaired in any respect. Although district courts possess wide discretion with regard to case management, providing the government with documents pertaining to a defense's intended cross-examination risks disclosure of protected work-product and we discourage such orders. In this case, however, we need not reach the issue of whether work product was inherent in the disclosed document because the district court effectively screened the document from the Government's counsel responsible for the witness and the Appellants do not allege that any prejudice resulted from this arrangement. Accordingly, we reject Appellants' argument that their Sixth Amendment rights were violated.

VI.

59
Finally, Reinhardt asserts that the district court committed numerous errors in calculating his sentence. When we review a post-Booker sentence of a district court, the overall inquiry is whether the sentence is "within the statutorily prescribed range and is reasonable." United States v. Hughes, 401 F.3d 540, 547 (4th Cir.2005). A sentence within the proper Sentencing Guidelines range is presumptively reasonable. See United States v. Johnson, 445 F.3d 339, 341 (4th Cir.2006). "In considering whether a sentence is unreasonable, we . . . review the district court's legal conclusions de novo and its factual findings for clear error." United States v. Hampton, 441 F.3d 284, 287 (4th Cir.2006). In reviewing loss calculation, we review de novo the district court's interpretation of what constitutes "loss," while accepting the calculation of loss absent clear error. Hughes, 401 F.3d at 557 (reviewing determination of loss under Sentencing Guidelines § 2F1.1(b)(1)).

A.

60
Reinhardt argues that the district court abused its discretion by not granting a downward departure because of his family circumstances. Reinhardt's son suffers from two rare genetic disorders, neurofibro-matosis and congenital pseudoarthrosis of the left leg. Reinhardt claims that the district court's anger at his sentencing counsel, resulting from their voluminous submissions in connection with sentencing and continued submissions as to Reinhardt's innocence, caused the court to deny the downward departure.

61
"A district court's decision not to depart from the Sentencing Guidelines is not reviewable unless the court mistakenly believed that it lacked authority to depart." United States v. Carr, 271 F.3d 172, 176 (4th Cir.2001). In this case, the district court acknowledged that it had the ability to grant Reinhardt a downward departure based on his family circumstances, but did not believe that such a departure was warranted. Because the district court understood its ability to depart from the Guidelines, it was "under no misperception as to its authority, [and] its refusal to depart is not subject to appellate review." Id. at 176-77. Accordingly, we cannot disturb the district court's decision not to grant Reinhardt a downward departure based on family circumstances and must dismiss this portion of his appeal.

B.

62
Reinhardt claims that the district court erred in applying a one-level enhancement for identity theft under § 2F1.1(b)(5)(C)(i). Reinhardt argues that while the evidence is clear that Washington engaged in identity theft, there was no evidence that Reinhardt engaged in such theft, even if he was aware of Washington's actions.

63
Section 2F1.1(b)(5)(C)(i) of the Guidelines provides for a two-level enhancement if a fraud offense involved "the unauthorized transfer or use of any means of identification unlawfully to produce or obtain any other means of identification." This subsection applies where a defendant, without authorization, uses an individual's name and social security number or address to obtain a bank loan or credit card. See Guidelines § 2F1.1 cmt. 16.; United States v. Baldwin, 14 Fed.Appx. 192, 196 n. 8 (4th Cir.2001). The subsection has also been held to apply where a defendant, without authorization, uses an individual's information to obtain a lease or open a bank account. See United States v. Samet, 200 Fed.Appx. 15, 23 (2d Cir.2006) ("Like the account number of a bank loan, the account number of the leases thus constitute `means of identification,' and because they were obtained unlawfully, [the defendants'] base offense levels were appropriately enhanced."); United States v. Norwood, No. 05-15154, 2006 WL 952330, at *1, ___ Fed.Appx. ___ (11th Cir. April 13, 2006) ("The names of his mother and uncle were the means of identification. [The defendant] used those means to produce another means of identification: the bank account numbers. Accordingly, the identity theft enhancement applies.").

64
In this case, the district court applied a one-level enhancement to Reinhardt's sentence under § 2F1.1(b)(5)(C)(I) based on, among other facts, Reinhardt's knowingly processing a lease with Khrlobian containing Khrlobian's wife's social security number and name, which Reinhardt knew were being used without her consent, and Reinhardt's knowledge that Washington's girlfriend had listed her father as guarantor on the Variety Cutz leases without his knowledge. In addition, the district court found that the overall fraudulent scheme depended on "dressing up" the lease applications with creditworthy guarantors, regardless of whether permission had been obtained from those individuals.

65
The evidence adduced at trial reflected the fact that Washington primarily filled out lease applications where guarantors were listed without their knowledge. The evidence involving Khrlobian's wife and Washington's girlfriend demonstrates, however, that Reinhardt was aware in at least two instances of individual's names, driver's licenses, and "credit," including social security numbers, being used without authorization to obtain leases from financing companies. Given this, the district court did not err in applying a one-level identity theft enhancement under § 2F1.1(b)(5)(C)(I) of the Guidelines.

66
In addition, Reinhardt objects to the inclusion in his loss calculation of two leases arranged by Telcom, another company that he and Washington used as a purported equipment vendor, claiming that there was insufficient evidence that he was involved with Telcom. Given the evidence, the district court did not clearly err in including the Telcom leases in Reinhardt's loss calculation. Even assuming, arguendo, that the Telcom leases were wrongly included, those leases only increased the loss calculation by $132,400. The loss calculation due to Reinhardt's conduct was $1,694,164. Reducing this amount by the Telcom lease amount yields $1,561,764, which corresponds to the same offense level as Reinhardt's calculated loss level. See Guidelines § 2F1.1(b)(1)(M). Thus, any error with respect to inclusion of the Telcom leases was harmless.

C.

67
Reinhardt's remaining objections to his sentencing attack the district court's methodology and his counsel's effectiveness. We summarily reject these arguments.

68
First, Reinhardt alleges that the district court's "stacking" of two counts to raise Reinhardt's possible maximum sentence from sixty to seventy months was improper, but provides no argument as to why. Under § 5G1.2 of the Guidelines, if a defendant is convicted of multiple counts of an offense and the calculated sentence under the Guidelines exceeds the statutory maximum on one of the counts, the sentence should be imposed consecutively, but only to the extent necessary to produce a combined sentence equal to the calculated sentence. See United States v. Chase, 296 F.3d 247, 250-51 (4th Cir.2002) (explaining "stacking" procedure under § 5G1.2).

69
Applying the Guidelines, the district court determined Reinhardt's offense level as a 27, with a criminal history in category I, yielding a range of 70 to 87 months. The statutory maximum for each count under 18 U.S.C. § 1343 is sixty months. See 18 U.S.C.A. § 1343 (2000). Because the Guidelines range exceeded the statutory maximum for one count, and Reinhardt was convicted of multiple counts under § 1343, the Guidelines allowed the district court to "stack" multiple counts consecutively to achieve a sentence within the Guidelines range. There is no evidence in the record that the district court acted improperly in following the mandate of the Guidelines and increasing Reinhardt's maximum sentence to seventy months. See United States v. Battle, 174 Fed.Appx. 179, 181-82 (4th Cir.2006) (approving of post-Booker "stacking" under § 5G1.2(d)); United States v. Smalls, 185 Fed.Appx. 218, 220-21 (4th Cir.2006) (same).

70
Next, relying on United States v. Lauersen, 348 F.3d 329 (2d Cir.2003), aff'd on reh'g, 362 F.3d 160 (2d Cir.2004), vacated by, 543 U.S. 1097,  125 S. Ct. 1109, 160 L. Ed. 2d 988 (2005), Reinhardt argues that the cumulation of upward enhancements for more than minimal planning, sophisticated means, and masterminding the scheme in question enhanced his sentence to an impermissible degree. Putting aside the issue of whether Lauersen is viable in the Second Circuit following its vacatur by the Supreme Court, it was never the law of this Circuit. Thus, the district court did not err in rejecting Reinhardt's Lauersen argument. In addition, the district court did not err in applying separate upward enhancements to Reinhardt's sentence where those enhancements were based on the Guidelines and supported by the evidence.

71
Reinhardt argues that the sentence imposed by the district court was based on facts not found by the jury and that the district court treated the Guidelines (and enhancements found thereunder) as mandatory, thus violating Booker and Hughes. The district court did not err in any respect in calculating Reinhardt's sentence; the procedure followed was in full accord with our precedents and did not treat the Guidelines as mandatory in violation of Booker. Accordingly, we reject Reinhardt's argument that his sentence was imposed in violation of Booker and Hughes.

72
Finally, Reinhardt claims that his sentencing counsel provided ineffective representation by submitting too many claims to the district court, arguing every conceivable legal point, and submitting evidence that the district court termed "flimflam." Claims of ineffective assistance of counsel are normally raised before the district court via 28 U.S.C. § 2255 and are cognizable on direct appeal only where it conclusively appears on the record that defense counsel did not provide effective representation. See King, 119 F.3d at 295.

73
The record in this case does not conclusively suggest that Reinhardt's counsel was deficient during the sentencing phase. Furthermore, it is not conclusively shown on the record that any deficiency in counsel prejudiced Reinhardt. Accordingly, Reinhardt's ineffective assistance of counsel claim with regard to the sentencing phase of his trial is not cognizable on direct appeal.

74
In sum, none of Reinhardt's challenges to his sentence are meritorious, and the district court did not err in imposing a sentence of seventy months.

VII.

75
For the foregoing reasons, we dismiss Reinhardt's appeal of the district court's failure to grant a downward departure and affirm the convictions and sentences of Reinhardt and Allen in their entirety.

76
DISMISSED IN PART; AFFIRMED IN PART.

label: Sentence

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text: Keith

text: Allen

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text: Robert

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text: UNITED

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text: Maryland

text: Joseph

text: Francis

text: Lawless

text: Jr

text: Newtown

text: Square

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text: Christine

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text: United

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text: UNITED

text: STATES

text: ATTORNEY

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text: Maryland

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text: Before

text: NIEMEYER

text: MICHAEL

text: and

text: GREGORY

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text: Circuit

text: Judge

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text: and

text: Ernest

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text: convictions

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text: U

text: S

text: C

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text: Because

text: the

text: district

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text: did

text: not

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text: the

text: Appellants

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text: I

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text: and

text: Reinhardt

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text: violation

text: of

text: U

text: S

text: C

text: arising

text: from

text: their

text: involvement

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text: a

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text: that

text: arranged

text: equipment

text: financing

text: for

text: nonexistent

text: equipment

text: In

text: short

text: Reinhardt

text: s

text: company

text: Tech

text: Com

text: acting

text: as

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text: the

text: loan

text: as

text: a

text: fee

text: and

text: the

text: lessee

text: would

text: keep

text: the

text: remainder

text: Neither

text: Reinhardt

text: nor

text: his

text: company

text: would

text: provide

text: the

text: lessees

text: with

text: computer

text: equipment

text: The

text: Government

text: through

text: prior

text: indictments

text: secured

text: guilty

text: pleas

text: from

text: eleven

text: other

text: individuals

text: involved

text: in

text: the

text: scheme

text: A

text: twelfth

text: individual

text: was

text: indicted

text: along

text: with

text: the

text: Appellants

text: but

text: pleaded

text: guilty

text: shortly

text: after

text: trial

text: commenced

text: A

text: At

text: trial

text: the

text: Government

text: presented

text: evidence

text: that

text: Reinhardt

text: was

text: the

text: major

text: architect

text: of

text: the

text: fraud

text: scheme

text: while

text: Allen

text: assisted

text: in

text: the

text: scheme

text: through

text: preparing

text: and

text: faxing

text: fraudulent

text: documents

text: Six

text: other

text: participants

text: in

text: the

text: scheme

text: testified

text: all

text: six

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text: similar

text: testimony

text: about

text: the

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text: of

text: the

text: scheme

text: Reinhardt

text: s

text: leadership

text: role

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text: Allen

text: s

text: involvement

text: Linda

text: Durkin

text: testified

text: that

text: she

text: was

text: told

text: that

text: Reinhardt

text: could

text: arrange

text: loans

text: through

text: Tech

text: Com

text: at

text: a

text: cost

text: of

text: twenty

text: percent

text: to

text: provide

text: needed

text: capital

text: for

text: her

text: mortgage

text: business

text: Prior

text: to

text: the

text: transaction

text: Reinhardt

text: told

text: Durkin

text: that

text: the

text: loan

text: was

text: actually

text: an

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text: lease

text: for

text: new

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text: but

text: that

text: she

text: could

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text: her

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text: computers

text: as

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text: and

text: did

text: not

text: have

text: to

text: provide

text: any

text: documentation

text: as

text: to

text: their

text: value

text: Throughout

text: her

text: relationship

text: with

text: Reinhardt

text: Durkin

text: never

text: received

text: any

text: computer

text: equipment

text: new

text: or

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text: from

text: Reinhardt

text: or

text: Tech

text: Com

text: Durkin

text: expressed

text: her

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text: Reinhardt

text: assured

text: her

text: that

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text: legal

text: but

text: that

text: the

text: leasing

text: companies

text: don

text: t

text: really

text: like

text: it

text: J

text: A

text: Reinhardt

text: instructed

text: her

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text: financing

text: company

text: that

text: she

text: received

text: new

text: equipment

text: when

text: the

text: company

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text: for

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text: Durkin

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text: Reinhardt

text: told

text: her

text: That

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text: the

text: financing

text: company

text: ask

text: if

text: there

text: s

text: new

text: equipment

text: yes

text: it

text: s

text: new

text: equipment

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text: you

text: know

text: tell

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text: it

text: s

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text: installed

text: If

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text: ask

text: if

text: it

text: s

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text: delivered

text: you

text: say

text: yes

text: J

text: A

text: Reinhardt

text: told

text: Durkin

text: when

text: the

text: financing

text: company

text: was

text: going

text: to

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text: an

text: on

text: site

text: inspection

text: Prior

text: to

text: the

text: inspection

text: Reinhardt

text: shipped

text: Durkin

text: labels

text: with

text: serial

text: numbers

text: printed

text: on

text: them

text: that

text: she

text: affixed

text: to

text: her

text: existing

text: computer

text: equipment

text: The

text: serial

text: numbers

text: did

text: not

text: match

text: those

text: on

text: the

text: actual

text: equipment

text: instead

text: they

text: matched

text: the

text: numbers

text: on

text: the

text: form

text: for

text: the

text: particular

text: lease

text: Durkin

text: s

text: account

text: accorded

text: with

text: that

text: of

text: the

text: other

text: witnesses

text: Clint

text: Garrison

text: and

text: Paul

text: Gregg

text: testified

text: that

text: Reinhardt

text: offered

text: to

text: arrange

text: loans

text: for

text: their

text: financial

text: consulting

text: company

text: for

text: a

text: twenty

text: percent

text: fee

text: Gregg

text: and

text: Garrison

text: entered

text: into

text: five

text: lease

text: transactions

text: with

text: Reinhardt

text: Neither

text: Reinhardt

text: nor

text: Tech

text: Com

text: provided

text: any

text: of

text: the

text: computer

text: equipment

text: referenced

text: in

text: the

text: lease

text: documents

text: Rather

text: Reinhardt

text: told

text: Garrison

text: to

text: purchase

text: a

text: label

text: gun

text: to

text: manufacture

text: labels

text: with

text: false

text: serial

text: numbers

text: on

text: them

text: and

text: affix

text: those

text: labels

text: to

text: computer

text: equipment

text: prior

text: to

text: a

text: physical

text: inspection

text: In

text: addition

text: to

text: transactions

text: for

text: their

text: own

text: company

text: Garrison

text: and

text: Gregg

text: also

text: arranged

text: leases

text: through

text: Reinhardt

text: for

text: two

text: other

text: companies

text: with

text: which

text: they

text: were

text: involved

text: of

text: these

text: companies

text: received

text: computer

text: equipment

text: through

text: the

text: leases

text: from

text: Reinhardt

text: or

text: any

text: of

text: his

text: associates

text: or

text: associated

text: entities

text: Reinhardt

text: was

text: the

text: contact

text: person

text: on

text: all

text: of

text: these

text: leases

text: Likewise

text: Tigran

text: Khrlobian

text: was

text: introduced

text: to

text: Reinhardt

text: because

text: he

text: needed

text: to

text: raise

text: capital

text: for

text: his

text: insurance

text: agency

text: Proshield

text: which

text: had

text: recently

text: emerged

text: from

text: bankruptcy

text: When

text: he

text: first

text: met

text: with

text: Reinhardt

text: Reinhardt

text: explained

text: that

text: Khrlobian

text: s

text: company

text: could

text: enter

text: into

text: computer

text: leases

text: and

text: receive

text: money

text: rather

text: than

text: equipment

text: Khrlobian

text: entered

text: into

text: at

text: least

text: seven

text: lease

text: transactions

text: through

text: Reinhardt

text: with

text: Tech

text: Com

text: acting

text: as

text: the

text: purported

text: equipment

text: vendor

text: He

text: never

text: permanently

text: received

text: any

text: of

text: the

text: computer

text: equipment

text: represented

text: in

text: the

text: leases

text: When

text: the

text: financing

text: company

text: performed

text: an

text: on

text: site

text: inspection

text: Reinhardt

text: brought

text: Khrlobian

text: equipment

text: used

text: a

text: label

text: maker

text: to

text: affix

text: serial

text: numbers

text: to

text: the

text: devices

text: and

text: then

text: removed

text: the

text: equipment

text: shortly

text: after

text: the

text: inspection

text: Reinhardt

text: coached

text: Khrlobian

text: to

text: respond

text: to

text: telephone

text: inquiries

text: from

text: the

text: financing

text: companies

text: by

text: saying

text: that

text: the

text: equipment

text: was

text: there

text: and

text: that

text: Khrlobian

text: was

text: happy

text: with

text: it

text: Jacques

text: Smith

text: testified

text: that

text: he

text: started

text: a

text: debt

text: collection

text: business

text: CRU

text: Associates

text: with

text: coconspirator

text: Marc

text: Washington

text: Smith

text: and

text: Washington

text: were

text: introduced

text: to

text: Reinhardt

text: who

text: promised

text: that

text: he

text: could

text: arrange

text: for

text: two

text: loans

text: to

text: CRU

text: Smith

text: and

text: Washington

text: had

text: bad

text: credit

text: but

text: filled

text: out

text: a

text: loan

text: application

text: sent

text: by

text: Reinhardt

text: using

text: Washington

text: s

text: grandmother

text: as

text: the

text: applicant

text: with

text: her

text: permission

text: Reinhardt

text: then

text: informed

text: Smith

text: that

text: the

text: loan

text: would

text: not

text: be

text: approved

text: without

text: CRU

text: having

text: a

text: Dun

text: Bradstreet

text: D

text: B

text: report

text: Smith

text: filled

text: out

text: a

text: basic

text: D

text: B

text: report

text: for

text: CRU

text: but

text: the

text: bank

text: was

text: not

text: satisfied

text: and

text: wanted

text: a

text: full

text: D

text: B

text: report

text: Smith

text: then

text: filled

text: out

text: a

text: full

text: D

text: B

text: report

text: in

text: which

text: he

text: provided

text: a

text: false

text: reference

text: supplied

text: by

text: Reinhardt

text: Reinhardt

text: told

text: Smith

text: that

text: the

text: bank

text: wanted

text: audited

text: financial

text: statements

text: for

text: the

text: company

text: but

text: that

text: he

text: had

text: contacts

text: in

text: California

text: who

text: could

text: provide

text: financial

text: reports

text: for

text: CRU

text: for

text: to

text: Smith

text: and

text: Washington

text: ordered

text: the

text: reports

text: which

text: arrived

text: two

text: or

text: three

text: days

text: later

text: Smith

text: and

text: Washington

text: had

text: never

text: provided

text: Reinhardt

text: with

text: any

text: financial

text: information

text: about

text: CRU

text: the

text: reports

text: they

text: purchased

text: were

text: completely

text: fabricated

text: When

text: Reinhardt

text: forwarded

text: Smith

text: the

text: final

text: loan

text: documents

text: that

text: needed

text: to

text: be

text: signed

text: by

text: Washington

text: s

text: grandmother

text: Smith

text: realized

text: that

text: the

text: loan

text: was

text: actually

text: in

text: the

text: form

text: of

text: a

text: lease

text: for

text: computers

text: Neither

text: Smith

text: Washington

text: nor

text: CRU

text: ever

text: requested

text: or

text: received

text: computer

text: equipment

text: in

text: connection

text: with

text: the

text: loan

text: Reinhardt

text: told

text: Smith

text: that

text: when

text: the

text: financing

text: company

text: called

text: to

text: ask

text: about

text: the

text: equipment

text: that

text: Smith

text: should

text: tell

text: them

text: that

text: CRU

text: had

text: received

text: new

text: computer

text: equipment

text: This

text: first

text: lease

text: transaction

text: yielded

text: CRU

text: around

text: The

text: second

text: loan

text: that

text: Smith

text: arranged

text: through

text: Reinhardt

text: required

text: an

text: on

text: site

text: inspection

text: Reinhardt

text: faxed

text: Smith

text: a

text: list

text: of

text: serial

text: numbers

text: to

text: affix

text: to

text: the

text: back

text: of

text: CRU

text: s

text: existing

text: computer

text: equipment

text: Reinhardt

text: instructed

text: Smith

text: that

text: CRU

text: needed

text: to

text: make

text: at

text: least

text: the

text: first

text: two

text: to

text: four

text: monthly

text: payments

text: on

text: the

text: lease

text: transactions

text: to

text: avoid

text: suspicion

text: of

text: fraud

text: Reinhardt

text: told

text: Washington

text: that

text: if

text: he

text: made

text: a

text: minimum

text: of

text: six

text: or

text: seven

text: payments

text: on

text: the

text: loan

text: it

text: would

text: not

text: be

text: red

text: flagged

text: After

text: those

text: payments

text: Reinhardt

text: informed

text: Washington

text: that

text: he

text: could

text: utilize

text: the

text: insurance

text: that

text: also

text: comes

text: with

text: the

text: leases

text: and

text: report

text: act

text: like

text: you

text: had

text: a

text: break

text: in

text: at

text: your

text: establishment

text: and

text: report

text: the

text: computers

text: stolen

text: to

text: get

text: out

text: of

text: the

text: lease

text: J

text: A

text: After

text: a

text: dispute

text: Smith

text: ended

text: his

text: relationship

text: with

text: Reinhardt

text: and

text: Washington

text: Washington

text: testified

text: that

text: he

text: then

text: formed

text: his

text: own

text: corporation

text: Futureview

text: Graphics

text: which

text: he

text: and

text: Reinhardt

text: used

text: as

text: a

text: lessee

text: in

text: two

text: fraudulent

text: leases

text: Washington

text: also

text: generated

text: numerous

text: lessees

text: through

text: his

text: friends

text: using

text: their

text: existing

text: businesses

text: or

text: assisting

text: them

text: in

text: creating

text: new

text: ones

text: Reinhardt

text: represented

text: Tech

text: Com

text: as

text: the

text: vendor

text: on

text: all

text: of

text: these

text: transactions

text: Reinhardt

text: took

text: fees

text: of

text: ten

text: to

text: twenty

text: percent

text: on

text: these

text: leases

text: then

text: Washington

text: took

text: fees

text: and

text: provided

text: the

text: remainder

text: to

text: the

text: lessees

text: Washington

text: often

text: set

text: up

text: computers

text: at

text: business

text: locations

text: for

text: on

text: site

text: inspections

text: by

text: finance

text: companies

text: Reinhardt

text: faxed

text: Washington

text: a

text: list

text: of

text: serial

text: numbers

text: so

text: that

text: Washington

text: could

text: affix

text: those

text: numbers

text: to

text: the

text: computers

text: Washington

text: removed

text: the

text: computers

text: after

text: the

text: inspections

text: were

text: complete

text: The

text: father

text: of

text: Washington

text: s

text: girlfriend

text: was

text: listed

text: as

text: a

text: guarantor

text: for

text: some

text: of

text: the

text: lease

text: transactions

text: for

text: lessee

text: Variety

text: Cutz

text: and

text: was

text: falsely

text: listed

text: as

text: the

text: president

text: of

text: the

text: company

text: Washington

text: testified

text: that

text: he

text: joked

text: to

text: Reinhardt

text: about

text: the

text: ownership

text: of

text: Variety

text: Cutz

text: and

text: that

text: Reinhardt

text: compared

text: it

text: to

text: Washington

text: s

text: grandmother

text: nominally

text: owning

text: CRU

text: because

text: Washington

text: had

text: used

text: her

text: credit

text: Reinhardt

text: s

text: knowledge

text: of

text: the

text: Variety

text: Cutz

text: arrangement

text: was

text: demonstrated

text: by

text: his

text: threats

text: to

text: Washington

text: s

text: girlfriend

text: that

text: he

text: would

text: let

text: it

text: be

text: known

text: that

text: she

text: and

text: Washington

text: used

text: her

text: father

text: s

text: information

text: J

text: A

text: A

text: representative

text: of

text: CIT

text: which

text: financed

text: seven

text: of

text: Tech

text: Com

text: s

text: leases

text: testified

text: that

text: the

text: invoice

text: provided

text: by

text: the

text: vendor

text: is

text: the

text: title

text: to

text: the

text: equipment

text: and

text: represents

text: the

text: bill

text: of

text: sale

text: CIT

text: would

text: not

text: have

text: approved

text: loans

text: if

text: they

text: knew

text: that

text: the

text: equipment

text: in

text: the

text: invoice

text: had

text: never

text: been

text: sold

text: or

text: delivered

text: If

text: the

text: money

text: from

text: the

text: loan

text: flowed

text: to

text: the

text: lessee

text: rather

text: than

text: the

text: vendor

text: it

text: would

text: have

text: raised

text: a

text: red

text: flag

text: as

text: a

text: violation

text: of

text: the

text: agreements

text: which

text: purported

text: to

text: be

text: equipment

text: financing

text: leases

text: The

text: seven

text: leases

text: with

text: Tech

text: Com

text: were

text: not

text: sale

text: leaseback

text: arrangements

text: and

text: were

text: supposed

text: to

text: be

text: for

text: purchase

text: of

text: new

text: equipment

text: If

text: Tech

text: Com

text: had

text: wanted

text: to

text: finance

text: sale

text: leasebacks

text: from

text: CIT

text: there

text: would

text: have

text: been

text: different

text: paperwork

text: evidencing

text: ownership

text: and

text: title

text: to

text: the

text: underlying

text: equipment

text: as

text: well

text: as

text: its

text: value

text: If

text: Tech

text: Com

text: wanted

text: working

text: capital

text: loans

text: there

text: would

text: have

text: been

text: proof

text: of

text: ownership

text: and

text: UCC

text: documents

text: Representatives

text: of

text: other

text: financing

text: companies

text: testified

text: to

text: the

text: same

text: material

text: facts

text: For

text: example

text: a

text: representative

text: of

text: Alliance

text: Capital

text: testified

text: that

text: he

text: dealt

text: with

text: Reinhardt

text: and

text: Allen

text: at

text: Tech

text: Com

text: and

text: that

text: he

text: understood

text: Reinhardt

text: to

text: be

text: the

text: manager

text: and

text: Allen

text: to

text: be

text: in

text: sales

text: Alliance

text: would

text: not

text: have

text: engaged

text: in

text: any

text: of

text: the

text: lease

text: transactions

text: with

text: Tech

text: Com

text: if

text: they

text: were

text: aware

text: that

text: there

text: was

text: no

text: actual

text: computer

text: equipment

text: With

text: respect

text: to

text: Allen

text: Washington

text: testified

text: that

text: Allen

text: was

text: a

text: sales

text: processor

text: at

text: Tech

text: Com

text: When

text: Washington

text: submitted

text: a

text: lease

text: transaction

text: application

text: to

text: Tech

text: Com

text: Allen

text: was

text: one

text: of

text: the

text: processors

text: who

text: called

text: the

text: customers

text: and

text: verified

text: information

text: before

text: submitting

text: the

text: application

text: to

text: the

text: financing

text: company

text: Allen

text: assisted

text: with

text: some

text: twenty

text: of

text: the

text: lease

text: transactions

text: that

text: Washington

text: and

text: Reinhardt

text: conducted

text: following

text: the

text: creation

text: of

text: Futureview

text: Graphics

text: Reinhardt

text: told

text: Washington

text: that

text: Allen

text: received

text: commission

text: payments

text: on

text: the

text: transactions

text: with

text: which

text: he

text: assisted

text: Allen

text: received

text: approximately

text: in

text: payments

text: from

text: Tech

text: Com

text: Allen

text: worked

text: from

text: Reinhardt

text: s

text: office

text: at

text: Tech

text: Com

text: where

text: a

text: fax

text: machine

text: was

text: located

text: Numerous

text: fax

text: cover

text: sheets

text: were

text: entered

text: into

text: evidence

text: that

text: had

text: Allen

text: s

text: name

text: on

text: them

text: and

text: referenced

text: lease

text: agreements

text: between

text: Tech

text: Com

text: and

text: various

text: companies

text: These

text: cover

text: sheets

text: all

text: accompanied

text: invoices

text: or

text: other

text: documents

text: related

text: to

text: the

text: fraudulent

text: lease

text: transactions

text: The

text: jury

text: found

text: Reinhardt

text: guilty

text: of

text: twenty

text: nine

text: counts

text: of

text: wire

text: fraud

text: and

text: Allen

text: guilty

text: of

text: six

text: counts

text: of

text: wire

text: fraud

text: The

text: jury

text: could

text: not

text: reach

text: a

text: verdict

text: on

text: one

text: count

text: of

text: wire

text: fraud

text: for

text: both

text: defendants

text: and

text: on

text: one

text: count

text: with

text: which

text: only

text: Allen

text: was

text: charged

text: After

text: a

text: three

text: day

text: sentencing

text: hearing

text: the

text: district

text: court

text: sentenced

text: Reinhardt

text: to

text: seventy

text: months

text: in

text: prison

text: and

text: Allen

text: to

text: thirty

text: seven

text: months

text: This

text: appeal

text: followed

text: II

text: Reinhardt

text: and

text: Allen

text: allege

text: that

text: there

text: was

text: insufficient

text: evidence

text: to

text: sustain

text: their

text: convictions

text: and

text: that

text: the

text: district

text: court

text: improperly

text: instructed

text: the

text: jury

text: on

text: the

text: mens

text: rea

text: requirement

text: of

text: wire

text: fraud

text: They

text: argue

text: that

text: the

text: evidence

text: did

text: not

text: establish

text: that

text: either

text: engaged

text: in

text: wire

text: fraud

text: because

text: Washington

text: was

text: the

text: architect

text: of

text: the

text: scheme

text: and

text: they

text: were

text: unknowing

text: participants

text: In

text: addition

text: they

text: claim

text: that

text: the

text: evidence

text: did

text: not

text: establish

text: that

text: either

text: possessed

text: the

text: requisite

text: mens

text: rea

text: to

text: commit

text: fraud

text: because

text: they

text: believed

text: that

text: the

text: leases

text: would

text: be

text: paid

text: back

text: to

text: the

text: financing

text: companies

text: Finally

text: they

text: assert

text: that

text: an

text: error

text: in

text: a

text: jury

text: instruction

text: misstated

text: the

text: law

text: and

text: allowed

text: the

text: jury

text: to

text: convict

text: with

text: less

text: than

text: the

text: required

text: quantum

text: of

text: evidence

text: of

text: fraudulent

text: intent

text: In

text: evaluating

text: a

text: challenge

text: to

text: the

text: sufficiency

text: of

text: evidence

text: for

text: conviction

text: this

text: Court

text: must

text: determine

text: whether

text: construing

text: the

text: evidence

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: government

text: any

text: reasonable

text: trier

text: of

text: fact

text: could

text: have

text: found

text: the

text: defendant

text: guilty

text: beyond

text: a

text: reasonable

text: doubt

text: United

text: States

text: v

text: Curry

text: F

text: d

text: th

text: Cir

text: In

text: our

text: inquiry

text: the

text: Government

text: is

text: given

text: the

text: benefit

text: of

text: all

text: reasonable

text: inferences

text: from

text: the

text: facts

text: proven

text: to

text: those

text: sought

text: to

text: be

text: established

text: United

text: States

text: v

text: Tresvant

text: F

text: d

text: th

text: Cir

text: Accordingly

text: if

text: the

text: record

text: reflects

text: that

text: the

text: Government

text: presented

text: substantial

text: evidence

text: from

text: which

text: a

text: reasonable

text: jury

text: could

text: convict

text: we

text: must

text: uphold

text: the

text: verdict

text: United

text: States

text: v

text: Godwin

text: F

text: d

text: th

text: Cir

text: Moreover

text: w

text: here

text: there

text: are

text: conflicts

text: in

text: the

text: testimony

text: it

text: is

text: for

text: the

text: jury

text: and

text: not

text: the

text: appellate

text: court

text: to

text: weigh

text: the

text: evidence

text: and

text: judge

text: the

text: credibility

text: of

text: the

text: witnesses

text: Curry

text: F

text: d

text: at

text: alteration

text: in

text: original

text: quoting

text: Tresvant

text: F

text: d

text: at

text: A

text: When

text: viewed

text: in

text: the

text: light

text: most

text: favorable

text: to

text: the

text: Government

text: there

text: is

text: ample

text: evidence

text: to

text: sustain

text: the

text: convictions

text: of

text: both

text: Reinhardt

text: and

text: Allen

text: Wire

text: fraud

text: under

text: U

text: S

text: C

text: has

text: two

text: essential

text: elements

text: the

text: existence

text: of

text: a

text: scheme

text: to

text: defraud

text: and

text: the

text: use

text: of

text: wire

text: communication

text: in

text: furtherance

text: of

text: that

text: scheme

text: Curry

text: F

text: d

text: at

text: The

text: evidence

text: adduced

text: at

text: trial

text: supports

text: the

text: jury

text: verdict

text: that

text: Allen

text: and

text: Reinhardt

text: engaged

text: in

text: conduct

text: satisfying

text: both

text: elements

text: of

text: the

text: charged

text: offense

text: and

text: that

text: both

text: had

text: the

text: requisite

text: mental

text: state

text: including

text: intent

text: to

text: defraud

text: required

text: under

text: the

text: statute

text: Thus

text: we

text: reject

text: Appellants

text: sufficiency

text: of

text: the

text: evidence

text: claim

text: and

text: sustain

text: the

text: jury

text: verdict

text: Allen

text: and

text: Reinhardt

text: argue

text: that

text: they

text: were

text: not

text: the

text: principals

text: in

text: the

text: fraud

text: scheme

text: and

text: that

text: Washington

text: was

text: the

text: scheme

text: s

text: mastermind

text: The

text: evidence

text: presented

text: at

text: trial

text: demonstrates

text: that

text: both

text: Appellants

text: engaged

text: in

text: conduct

text: that

text: satisfies

text: the

text: wire

text: fraud

text: statute

text: Furthermore

text: Reinhardt

text: s

text: attempt

text: to

text: portray

text: himself

text: as

text: a

text: victim

text: of

text: Washington

text: does

text: not

text: comport

text: with

text: the

text: weight

text: of

text: the

text: evidence

text: Five

text: witnesses

text: testified

text: that

text: it

text: was

text: Reinhardt

text: not

text: Washington

text: who

text: was

text: the

text: principal

text: architect

text: of

text: the

text: fraudulent

text: scheme

text: Durkin

text: Gregg

text: Garrison

text: Khrlobian

text: and

text: Smith

text: all

text: testified

text: that

text: they

text: dealt

text: with

text: Reinhardt

text: in

text: securing

text: financing

text: from

text: lease

text: transactions

text: that

text: they

text: never

text: received

text: any

text: computer

text: equipment

text: in

text: connection

text: with

text: those

text: transactions

text: and

text: that

text: Reinhardt

text: told

text: them

text: to

text: make

text: the

text: first

text: few

text: payments

text: on

text: the

text: leases

text: to

text: avoid

text: raising

text: the

text: suspicion

text: of

text: the

text: financing

text: companies

text: In

text: addition

text: Reinhardt

text: instructed

text: each

text: of

text: them

text: to

text: represent

text: to

text: the

text: financing

text: companies

text: that

text: they

text: had

text: received

text: new

text: equipment

text: sometimes

text: going

text: so

text: far

text: as

text: to

text: bring

text: that

text: equipment

text: to

text: their

text: businesses

text: for

text: on

text: site

text: inspections

text: and

text: removing

text: the

text: equipment

text: after

text: completion

text: of

text: the

text: inspection

text: The

text: financing

text: companies

text: testified

text: as

text: to

text: their

text: extensive

text: dealings

text: with

text: Reinhardt

text: whom

text: they

text: believed

text: was

text: in

text: charge

text: at

text: Tech

text: Com

text: and

text: his

text: other

text: companies

text: and

text: that

text: they

text: never

text: would

text: have

text: provided

text: financing

text: for

text: any

text: lease

text: transactions

text: involving

text: Reinhardt

text: if

text: they

text: were

text: aware

text: that

text: no

text: new

text: computer

text: equipment

text: was

text: being

text: provided

text: to

text: the

text: lessees

text: The

text: evidence

text: also

text: demonstrates

text: that

text: Allen

text: participated

text: in

text: the

text: lease

text: transactions

text: working

text: out

text: of

text: Reinhardt

text: s

text: office

text: faxing

text: documents

text: and

text: processing

text: leases

text: by

text: phone

text: Allen

text: s

text: name

text: appears

text: on

text: the

text: fax

text: cover

text: sheet

text: of

text: numerous

text: faxes

text: containing

text: false

text: invoices

text: in

text: connection

text: with

text: lease

text: transactions

text: Allen

text: received

text: commission

text: payments

text: from

text: these

text: transactions

text: and

text: was

text: aware

text: that

text: Tech

text: Com

text: was

text: not

text: providing

text: equipment

text: in

text: connection

text: with

text: the

text: leases

text: Indeed

text: Allen

text: accompanied

text: Reinhardt

text: on

text: trips

text: to

text: temporarily

text: set

text: up

text: computer

text: equipment

text: with

text: false

text: serial

text: numbers

text: for

text: on

text: site

text: inspections

text: Given

text: this

text: evidence

text: the

text: jury

text: was

text: not

text: unreasonable

text: in

text: concluding

text: that

text: Allen

text: was

text: a

text: full

text: participant

text: in

text: the

text: fraudulent

text: scheme

text: when

text: he

text: interacted

text: with

text: Reinhardt

text: customers

text: and

text: financing

text: companies

text: in

text: connection

text: with

text: transactions

text: concerning

text: equipment

text: he

text: knew

text: not

text: to

text: exist

text: In

text: sum

text: overwhelming

text: evidence

text: was

text: adduced

text: at

text: trial

text: to

text: support

text: the

text: convictions

text: of

text: both

text: Reinhardt

text: and

text: Allen

text: on

text: wire

text: fraud

text: and

text: aiding

text: and

text: abetting

text: wire

text: fraud

text: Contrary

text: to

text: Reinhardt

text: s

text: contention

text: on

text: appeal

text: he

text: was

text: not

text: Washington

text: s

text: innocent

text: victim

text: but

text: a

text: full

text: participant

text: in

text: the

text: fraud

text: scheme

text: instructing

text: other

text: coconspirators

text: on

text: the

text: methodology

text: of

text: the

text: fraud

text: and

text: serving

text: as

text: a

text: chief

text: contact

text: to

text: financing

text: companies

text: Contrary

text: to

text: Allen

text: s

text: contentions

text: there

text: is

text: ample

text: evidence

text: that

text: he

text: faxed

text: fraudulent

text: documents

text: and

text: assisted

text: in

text: completing

text: lease

text: transactions

text: for

text: computers

text: that

text: he

text: knew

text: did

text: not

text: exist

text: Allen

text: cannot

text: feign

text: ignorance

text: of

text: the

text: scheme

text: simply

text: because

text: he

text: did

text: not

text: participate

text: to

text: the

text: extent

text: of

text: Washington

text: or

text: Reinhardt

text: B

text: The

text: intent

text: to

text: repay

text: eventually

text: is

text: irrelevant

text: to

text: the

text: question

text: of

text: guilt

text: for

text: fraud

text: Curry

text: F

text: d

text: at

text: see

text: United

text: States

text: v

text: Kenrick

text: F

text: d

text: st

text: Cir

text: en

text: banc

text: T

text: he

text: intent

text: element

text: of

text: bank

text: fraud

text: is

text: an

text: intent

text: to

text: deceive

text: the

text: bank

text: in

text: order

text: to

text: obtain

text: from

text: it

text: money

text: or

text: other

text: property

text: Intent

text: to

text: harm

text: is

text: not

text: required

text: footnote

text: omitted

text: United

text: States

text: v

text: Hollis

text: F

text: d

text: th

text: Cir

text: I

text: f

text: a

text: defendant

text: knowingly

text: provided

text: materially

text: false

text: information

text: in

text: order

text: to

text: induce

text: the

text: loan

text: bank

text: fraud

text: is

text: complete

text: and

text: it

text: is

text: irrelevant

text: whether

text: or

text: not

text: he

text: intended

text: to

text: repay

text: it

text: or

text: was

text: capable

text: of

text: repaying

text: it

text: see

text: also

text: United

text: States

text: v

text: Bivins

text: Fed

text: Appx

text: th

text: Cir

text: affirming

text: trial

text: court

text: s

text: refusal

text: to

text: instruct

text: jury

text: based

text: on

text: defendant

text: s

text: theory

text: that

text: he

text: never

text: intended

text: to

text: cause

text: financial

text: harm

text: or

text: loss

text: to

text: any

text: financial

text: institution

text: because

text: he

text: believed

text: a

text: coconspirator

text: would

text: pay

text: back

text: all

text: of

text: the

text: secured

text: loans

text: Accordingly

text: Appellants

text: cannot

text: rely

text: on

text: a

text: belief

text: that

text: the

text: customers

text: for

text: whom

text: they

text: arranged

text: false

text: computer

text: equipment

text: leases

text: from

text: financing

text: companies

text: were

text: going

text: to

text: pay

text: the

text: loans

text: in

text: full

text: This

text: argument

text: is

text: especially

text: dubious

text: given

text: the

text: evidence

text: that

text: Reinhardt

text: instructed

text: customers

text: on

text: the

text: number

text: of

text: payments

text: to

text: make

text: to

text: avoid

text: being

text: red

text: flagged

text: provided

text: false

text: serial

text: numbers

text: to

text: be

text: affixed

text: to

text: equipment

text: to

text: deceive

text: financing

text: company

text: inspectors

text: and

text: told

text: customers

text: to

text: inform

text: the

text: financing

text: companies

text: that

text: the

text: equipment

text: was

text: new

text: and

text: satisfactory

text: when

text: in

text: fact

text: it

text: did

text: not

text: exist

text: These

text: actions

text: are

text: sufficient

text: to

text: establish

text: the

text: necessary

text: mens

text: rea

text: for

text: wire

text: fraud

text: Cf

text: United

text: States

text: v

text: Godwin

text: F

text: d

text: th

text: Cir

text: The

text: jury

text: was

text: also

text: entitled

text: to

text: conclude

text: that

text: the

text: partial

text: reimbursements

text: to

text: the

text: initial

text: investors

text: were

text: meant

text: to

text: dispel

text: investor

text: concerns

text: to

text: quiet

text: what

text: are

text: commonly

text: referred

text: to

text: as

text: squeaky

text: wheels

text: to

text: keep

text: investigators

text: away

text: from

text: the

text: scheme

text: and

text: in

text: sum

text: to

text: permit

text: the

text: fraud

text: scheme

text: to

text: be

text: perpetrated

text: United

text: States

text: v

text: Painter

text: F

text: d

text: th

text: Cir

text: noting

text: that

text: lulling

text: payments

text: do

text: not

text: establish

text: good

text: faith

text: as

text: they

text: are

text: intended

text: to

text: conceal

text: the

text: fraud

text: and

text: ensnare

text: other

text: victims

text: C

text: The

text: decision

text: to

text: give

text: or

text: not

text: to

text: give

text: a

text: jury

text: instruction

text: is

text: reviewed

text: for

text: an

text: abuse

text: of

text: discretion

text: United

text: States

text: v

text: Moye

text: F

text: d

text: th

text: Cir

text: Whether

text: the

text: district

text: court

text: has

text: properly

text: instructed

text: a

text: jury

text: on

text: the

text: statutory

text: elements

text: of

text: an

text: offense

text: is

text: a

text: legal

text: question

text: that

text: we

text: review

text: de

text: novo

text: United

text: States

text: v

text: Rahman

text: F

text: d

text: th

text: Cir

text: However

text: in

text: reviewing

text: the

text: propriety

text: of

text: jury

text: instructions

text: we

text: do

text: not

text: view

text: a

text: single

text: instruction

text: in

text: isolation

text: rather

text: we

text: consider

text: whether

text: taken

text: as

text: a

text: whole

text: and

text: in

text: the

text: context

text: of

text: the

text: entire

text: charge

text: the

text: instructions

text: accurately

text: and

text: fairly

text: state

text: the

text: controlling

text: law

text: Id

text: We

text: will

text: not

text: vacate

text: a

text: conviction

text: on

text: the

text: basis

text: of

text: an

text: erroneous

text: jury

text: charge

text: if

text: in

text: light

text: of

text: the

text: above

text: inquiry

text: the

text: charge

text: contained

text: an

text: adequate

text: statement

text: of

text: the

text: law

text: and

text: was

text: not

text: misleading

text: United

text: States

text: v

text: Scott

text: F

text: d

text: th

text: Cir

text: Reinhardt

text: and

text: Allen

text: complain

text: that

text: the

text: district

text: court

text: omitted

text: a

text: clause

text: from

text: a

text: written

text: jury

text: instruction

text: Instruction

text: provided

text: to

text: the

text: jury

text: after

text: they

text: commenced

text: deliberations

text: and

text: thus

text: that

text: the

text: instruction

text: was

text: erroneous

text: The

text: district

text: court

text: instructed

text: the

text: jury

text: orally

text: You

text: are

text: instructed

text: that

text: if

text: the

text: defendant

text: participated

text: in

text: the

text: scheme

text: to

text: defraud

text: then

text: a

text: belief

text: by

text: the

text: defendant

text: if

text: such

text: belief

text: existed

text: that

text: ultimately

text: everything

text: will

text: work

text: out

text: so

text: that

text: no

text: one

text: would

text: lose

text: any

text: money

text: does

text: not

text: require

text: a

text: finding

text: by

text: you

text: that

text: the

text: defendant

text: acted

text: in

text: good

text: faith

text: If

text: the

text: defendant

text: participated

text: in

text: the

text: scheme

text: for

text: the

text: purpose

text: of

text: causing

text: some

text: financial

text: or

text: property

text: loss

text: to

text: another

text: then

text: no

text: amount

text: of

text: honest

text: belief

text: on

text: the

text: part

text: of

text: the

text: defendant

text: that

text: the

text: scheme

text: would

text: not

text: cause

text: a

text: loss

text: or

text: would

text: excuse

text: fraudulent

text: actions

text: or

text: false

text: representations

text: by

text: him

text: A

text: defendant

text: s

text: belief

text: that

text: the

text: victim

text: of

text: the

text: fraud

text: will

text: be

text: paid

text: in

text: the

text: future

text: or

text: will

text: sustain

text: no

text: economic

text: loss

text: is

text: no

text: defense

text: to

text: the

text: crimes

text: charged

text: in

text: the

text: indictment

text: J

text: A

text: emphasis

text: added

text: When

text: the

text: district

text: court

text: gave

text: the

text: above

text: instruction

text: to

text: the

text: jury

text: in

text: written

text: form

text: as

text: Instruction

text: the

text: middle

text: paragraph

text: was

text: omitted

text: Reinhardt

text: and

text: Allen

text: contend

text: that

text: the

text: omission

text: of

text: the

text: phrase

text: for

text: the

text: purpose

text: of

text: causing

text: some

text: financial

text: or

text: property

text: loss

text: to

text: another

text: misstated

text: the

text: law

text: and

text: allowed

text: the

text: jury

text: to

text: convict

text: even

text: if

text: there

text: was

text: not

text: sufficient

text: evidence

text: that

text: they

text: possessed

text: intent

text: to

text: defraud

text: Instruction

text: although

text: omitting

text: a

text: clause

text: did

text: not

text: misstate

text: the

text: controlling

text: law

text: or

text: mislead

text: the

text: jury

text: as

text: to

text: the

text: elements

text: of

text: the

text: offense

text: First

text: when

text: the

text: district

text: court

text: orally

text: instructed

text: the

text: jury

text: on

text: the

text: portion

text: of

text: the

text: charge

text: later

text: contained

text: within

text: written

text: Instruction

text: the

text: phrase

text: for

text: the

text: purpose

text: of

text: causing

text: some

text: financial

text: or

text: property

text: loss

text: to

text: another

text: was

text: included

text: More

text: importantly

text: Instruction

text: advised

text: in

text: the

text: paragraph

text: following

text: the

text: omitted

text: language

text: I

text: n

text: order

text: to

text: sustain

text: the

text: charges

text: against

text: the

text: defendant

text: the

text: government

text: must

text: establish

text: beyond

text: a

text: reasonable

text: doubt

text: that

text: he

text: knew

text: that

text: his

text: conduct

text: as

text: a

text: participant

text: in

text: the

text: scheme

text: was

text: calculated

text: to

text: deceive

text: and

text: nonetheless

text: he

text: associated

text: himself

text: with

text: the

text: alleged

text: fraudulent

text: scheme

text: for

text: the

text: purpose

text: of

text: causing

text: some

text: loss

text: to

text: another

text: J

text: A

text: emphasis

text: added

text: On

text: the

text: first

text: page

text: of

text: the

text: written

text: instruction

text: intent

text: to

text: defraud

text: is

text: defined

text: as

text: to

text: act

text: knowingly

text: and

text: with

text: the

text: specific

text: intent

text: to

text: deceive

text: for

text: the

text: purposes

text: of

text: causing

text: some

text: financial

text: or

text: property

text: loss

text: to

text: another

text: J

text: A

text: If

text: the

text: jury

text: found

text: that

text: the

text: defendant

text: lacked

text: that

text: specific

text: intent

text: to

text: defraud

text: the

text: instruction

text: counseled

text: an

text: acquittal

text: Furthermore

text: as

text: the

text: district

text: court

text: recounted

text: during

text: sentencing

text: the

text: jury

text: instructions

text: as

text: a

text: whole

text: repeatedly

text: emphasized

text: that

text: the

text: Government

text: had

text: to

text: prove

text: the

text: requisite

text: intent

text: beyond

text: a

text: reasonable

text: doubt

text: For

text: example

text: the

text: district

text: court

text: instructed

text: the

text: jury

text: orally

text: that

text: the

text: Government

text: was

text: required

text: to

text: prove

text: that

text: there

text: was

text: a

text: scheme

text: or

text: artifice

text: to

text: defraud

text: or

text: to

text: obtain

text: money

text: or

text: property

text: by

text: materially

text: false

text: and

text: fraudulent

text: pretenses

text: representations

text: or

text: promises

text: J

text: A

text: and

text: that

text: the

text: defendant

text: must

text: have

text: knowingly

text: willfully

text: and

text: voluntarily

text: joined

text: in

text: the

text: scheme

text: and

text: must

text: have

text: participated

text: in

text: the

text: scheme

text: with

text: an

text: intent

text: to

text: defraud

text: someone

text: else

text: J

text: A

text: Based

text: on

text: the

text: entirety

text: of

text: the

text: jury

text: instructions

text: and

text: the

text: context

text: of

text: the

text: omitted

text: sentence

text: the

text: charge

text: was

text: not

text: misleading

text: and

text: contained

text: an

text: adequate

text: statement

text: of

text: the

text: law

text: regarding

text: the

text: charged

text: offense

text: Appellants

text: also

text: object

text: to

text: the

text: portion

text: of

text: Instruction

text: that

text: stated

text: A

text: defendant

text: s

text: belief

text: that

text: the

text: victim

text: of

text: the

text: fraud

text: will

text: be

text: paid

text: in

text: the

text: future

text: or

text: will

text: sustain

text: no

text: economic

text: loss

text: is

text: no

text: defense

text: to

text: the

text: crimes

text: charged

text: in

text: the

text: indictment

text: J

text: A

text: Appellants

text: Br

text: This

text: instruction

text: accurately

text: states

text: the

text: proposition

text: that

text: a

text: belief

text: that

text: the

text: victim

text: will

text: be

text: repaid

text: eventually

text: is

text: not

text: a

text: defense

text: to

text: fraud

text: See

text: United

text: States

text: v

text: Molinaro

text: F

text: d

text: th

text: Cir

text: approving

text: of

text: identical

text: instruction

text: contained

text: in

text: Model

text: Crim

text: Jury

text: Instr

text: th

text: Cir

text: In

text: sum

text: we

text: reject

text: Appellants

text: arguments

text: regarding

text: the

text: sufficiency

text: of

text: evidence

text: for

text: their

text: conviction

text: and

text: whether

text: the

text: district

text: court

text: properly

text: charged

text: the

text: jury

text: III

text: Allen

text: alleges

text: that

text: the

text: admission

text: of

text: corporate

text: records

text: from

text: Tech

text: Com

text: produced

text: by

text: Reinhardt

text: in

text: response

text: to

text: a

text: Government

text: subpoena

text: incriminated

text: Allen

text: and

text: because

text: Reinhardt

text: was

text: not

text: subject

text: to

text: cross

text: examination

text: violated

text: Allen

text: s

text: rights

text: under

text: Bruton

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Allen

text: also

text: argues

text: that

text: because

text: of

text: the

text: Tech

text: Com

text: documents

text: as

text: well

text: as

text: Reinhardt

text: s

text: litigation

text: strategy

text: the

text: denial

text: of

text: his

text: severance

text: motion

text: constitutes

text: reversible

text: error

text: A

text: In

text: Bruton

text: the

text: Supreme

text: Court

text: held

text: that

text: where

text: a

text: non

text: testifying

text: codefendant

text: s

text: statement

text: implicates

text: the

text: defendant

text: a

text: limiting

text: instruction

text: is

text: inadequate

text: to

text: prevent

text: a

text: violation

text: of

text: the

text: defendant

text: s

text: Confrontation

text: Clause

text: rights

text: Id

text: at

text: S

text: Ct

text: see

text: United

text: States

text: v

text: Locklear

text: F

text: d

text: th

text: Cir

text: The

text: threshold

text: issue

text: in

text: this

text: case

text: is

text: whether

text: the

text: Tech

text: Com

text: fax

text: cover

text: sheets

text: containing

text: Allen

text: s

text: name

text: were

text: statements

text: by

text: Reinhardt

text: a

text: non

text: testifying

text: codefendant

text: In

text: Braswell

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: the

text: Supreme

text: Court

text: recognized

text: that

text: the

text: act

text: of

text: producing

text: documents

text: pursuant

text: to

text: subpoena

text: could

text: have

text: evidentiary

text: significance

text: As

text: a

text: consequence

text: in

text: a

text: criminal

text: prosecution

text: against

text: the

text: corporate

text: custodian

text: the

text: Government

text: may

text: not

text: introduce

text: into

text: evidence

text: before

text: the

text: jury

text: the

text: fact

text: that

text: the

text: subpoena

text: was

text: served

text: upon

text: and

text: the

text: corporation

text: s

text: documents

text: were

text: delivered

text: by

text: one

text: particular

text: individual

text: the

text: custodian

text: Id

text: at

text: S

text: Ct

text: On

text: the

text: other

text: hand

text: the

text: government

text: may

text: use

text: the

text: corporation

text: s

text: act

text: of

text: production

text: against

text: the

text: custodian

text: if

text: evidence

text: is

text: adduced

text: from

text: another

text: source

text: that

text: the

text: corporation

text: produced

text: the

text: records

text: Id

text: In

text: that

text: case

text: b

text: ecause

text: the

text: jury

text: was

text: not

text: told

text: that

text: the

text: defendant

text: produced

text: the

text: records

text: any

text: nexus

text: between

text: the

text: defendant

text: and

text: the

text: documents

text: results

text: solely

text: from

text: the

text: corporation

text: s

text: act

text: of

text: production

text: and

text: other

text: evidence

text: in

text: the

text: case

text: Id

text: In

text: this

text: case

text: of

text: the

text: Tech

text: Com

text: documents

text: introduced

text: into

text: evidence

text: before

text: the

text: jury

text: were

text: referred

text: to

text: as

text: documents

text: produced

text: by

text: Reinhardt

text: The

text: documents

text: were

text: introduced

text: as

text: Tech

text: Com

text: documents

text: and

text: witnesses

text: testified

text: as

text: to

text: the

text: phone

text: numbers

text: or

text: handwriting

text: that

text: appeared

text: on

text: the

text: documents

text: Because

text: the

text: jury

text: was

text: never

text: told

text: that

text: Reinhardt

text: produced

text: the

text: Tech

text: Com

text: evidence

text: there

text: is

text: no

text: act

text: of

text: production

text: inference

text: that

text: could

text: have

text: been

text: drawn

text: Cf

text: Braswell

text: U

text: S

text: at

text: S

text: Ct

text: Any

text: link

text: between

text: the

text: Tech

text: Com

text: documents

text: and

text: Reinhardt

text: or

text: Allen

text: resulted

text: solely

text: from

text: other

text: evidence

text: linking

text: the

text: defendants

text: to

text: Tech

text: Com

text: rather

text: than

text: Reinhardt

text: s

text: act

text: of

text: producing

text: the

text: documents

text: in

text: response

text: to

text: a

text: Government

text: subpoena

text: Cf

text: Id

text: Because

text: the

text: jury

text: was

text: not

text: told

text: that

text: Reinhardt

text: produced

text: the

text: Tech

text: Com

text: records

text: those

text: records

text: were

text: not

text: statements

text: by

text: him

text: Where

text: there

text: is

text: no

text: introduction

text: of

text: statements

text: by

text: a

text: nontestifying

text: codefendant

text: Bruton

text: is

text: not

text: violated

text: B

text: We

text: review

text: the

text: district

text: court

text: s

text: rulings

text: on

text: severance

text: and

text: mistrial

text: claims

text: for

text: abuse

text: of

text: discretion

text: United

text: States

text: v

text: Najjar

text: F

text: d

text: th

text: Cir

text: We

text: review

text: factual

text: findings

text: made

text: in

text: connection

text: with

text: those

text: claims

text: for

text: clear

text: error

text: Id

text: In

text: Zafiro

text: v

text: United

text: States

text: the

text: Supreme

text: Court

text: commented

text: that

text: t

text: here

text: is

text: a

text: preference

text: in

text: the

text: federal

text: system

text: for

text: joint

text: trials

text: of

text: defendants

text: who

text: are

text: indicted

text: together

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Zafiro

text: noted

text: that

text: joint

text: trials

text: play

text: a

text: vital

text: role

text: in

text: the

text: federal

text: criminal

text: system

text: and

text: promote

text: efficiency

text: while

text: avoiding

text: the

text: possibility

text: of

text: inconsistent

text: verdicts

text: Id

text: at

text: S

text: Ct

text: Accordingly

text: Zafiro

text: concluded

text: that

text: a

text: district

text: court

text: should

text: grant

text: a

text: severance

text: under

text: Rule

text: of

text: the

text: Federal

text: Rules

text: of

text: Criminal

text: Procedure

text: only

text: if

text: there

text: is

text: a

text: serious

text: risk

text: that

text: a

text: joint

text: trial

text: would

text: compromise

text: a

text: specific

text: trial

text: right

text: of

text: one

text: of

text: the

text: defendants

text: or

text: prevent

text: the

text: jury

text: from

text: making

text: a

text: reliable

text: judgment

text: about

text: guilt

text: or

text: innocence

text: Id

text: at

text: S

text: Ct

text: This

text: risk

text: might

text: be

text: present

text: where

text: evidence

text: admissible

text: against

text: one

text: codefendant

text: but

text: not

text: the

text: other

text: is

text: introduced

text: Id

text: In

text: a

text: complex

text: case

text: where

text: codefendants

text: have

text: markedly

text: different

text: degrees

text: of

text: culpability

text: this

text: risk

text: of

text: prejudice

text: is

text: heightened

text: Id

text: Similarly

text: a

text: defendant

text: may

text: be

text: prejudiced

text: if

text: he

text: could

text: not

text: avail

text: himself

text: of

text: exculpatory

text: evidence

text: in

text: a

text: joint

text: trial

text: that

text: would

text: be

text: available

text: were

text: he

text: tried

text: alone

text: Id

text: I

text: t

text: is

text: well

text: settled

text: that

text: defendants

text: are

text: not

text: entitled

text: to

text: severance

text: merely

text: because

text: they

text: may

text: have

text: a

text: better

text: chance

text: of

text: acquittal

text: in

text: separate

text: trials

text: Id

text: at

text: S

text: Ct

text: Without

text: a

text: strong

text: showing

text: of

text: prejudice

text: severance

text: is

text: not

text: justified

text: based

text: on

text: the

text: mere

text: disparity

text: of

text: the

text: evidence

text: adduced

text: against

text: individual

text: defendants

text: United

text: States

text: v

text: Mandel

text: F

text: d

text: th

text: Cir

text: vacated

text: en

text: banc

text: on

text: other

text: grounds

text: F

text: d

text: th

text: Cir

text: A

text: defendant

text: is

text: not

text: entitled

text: to

text: severance

text: merely

text: because

text: his

text: defense

text: conflicts

text: with

text: or

text: is

text: antagonistic

text: to

text: a

text: codefendant

text: s

text: defense

text: Zafiro

text: U

text: S

text: at

text: S

text: Ct

text: Najjar

text: F

text: d

text: at

text: This

text: is

text: true

text: even

text: where

text: one

text: defendant

text: desires

text: to

text: exculpate

text: himself

text: by

text: inculpating

text: a

text: codefendant

text: See

text: Najjar

text: F

text: d

text: at

text: citing

text: United

text: States

text: v

text: Spitler

text: F

text: d

text: th

text: Cir

text: A

text: showing

text: to

text: justify

text: severance

text: requires

text: more

text: than

text: finger

text: pointing

text: There

text: must

text: be

text: such

text: a

text: sharp

text: contrast

text: presented

text: by

text: the

text: defenses

text: that

text: the

text: jury

text: is

text: presented

text: with

text: the

text: proposition

text: that

text: to

text: believe

text: the

text: core

text: of

text: one

text: defense

text: it

text: must

text: disbelieve

text: the

text: core

text: of

text: the

text: other

text: or

text: that

text: the

text: jury

text: will

text: unjustifiably

text: infer

text: that

text: this

text: conflict

text: alone

text: demonstrates

text: that

text: both

text: are

text: guilty

text: Id

text: quotation

text: marks

text: and

text: citations

text: omitted

text: This

text: contrast

text: is

text: satisfied

text: where

text: a

text: defendant

text: s

text: guilt

text: is

text: dictated

text: by

text: the

text: asserted

text: innocence

text: of

text: the

text: codefendants

text: Id

text: Reinhardt

text: s

text: affirmative

text: defense

text: that

text: the

text: Tech

text: Com

text: transactions

text: were

text: legitimate

text: and

text: that

text: Washington

text: was

text: the

text: individual

text: involved

text: in

text: wrongdoing

text: was

text: likely

text: more

text: harmful

text: than

text: helpful

text: to

text: both

text: him

text: and

text: Allen

text: Focusing

text: on

text: the

text: efficacy

text: of

text: the

text: defense

text: however

text: overlooks

text: the

text: salient

text: fact

text: that

text: both

text: Reinhardt

text: and

text: Allen

text: employed

text: essentially

text: the

text: same

text: defense

text: that

text: neither

text: were

text: actually

text: engaged

text: in

text: the

text: charged

text: fraudulent

text: scheme

text: and

text: that

text: Washington

text: and

text: others

text: were

text: the

text: true

text: wrongdoers

text: Although

text: Reinhardt

text: elected

text: to

text: present

text: witnesses

text: to

text: corroborate

text: his

text: theory

text: of

text: being

text: the

text: innocent

text: dupe

text: to

text: a

text: consummate

text: schemer

text: Washington

text: and

text: Allen

text: preferred

text: to

text: rest

text: his

text: innocence

text: on

text: the

text: Government

text: s

text: failure

text: to

text: prove

text: his

text: involvement

text: and

text: the

text: canard

text: that

text: he

text: was

text: a

text: mere

text: clerical

text: employee

text: there

text: was

text: nothing

text: antagonistic

text: or

text: even

text: incompatible

text: about

text: the

text: Appellants

text: defenses

text: An

text: examination

text: of

text: the

text: evidence

text: presented

text: against

text: Allen

text: during

text: the

text: Government

text: s

text: case

text: as

text: well

text: as

text: the

text: testimony

text: of

text: Reinhardt

text: s

text: defense

text: witnesses

text: demonstrates

text: that

text: Reinhardt

text: s

text: defense

text: was

text: not

text: so

text: antagonistic

text: to

text: Allen

text: s

text: that

text: to

text: believe

text: one

text: was

text: to

text: disbelieve

text: the

text: core

text: of

text: the

text: other

text: Reinhardt

text: s

text: asserted

text: innocence

text: in

text: no

text: way

text: dictated

text: a

text: finding

text: of

text: Allen

text: s

text: guilt

text: Nor

text: did

text: Reinhardt

text: s

text: defense

text: cause

text: the

text: jury

text: to

text: infer

text: unjustifiably

text: that

text: both

text: Allen

text: and

text: Reinhardt

text: were

text: guilty

text: Examining

text: the

text: testimony

text: of

text: the

text: witnesses

text: presented

text: during

text: Reinhardt

text: s

text: defense

text: corroborates

text: this

text: conclusion

text: In

text: addition

text: there

text: was

text: sufficient

text: evidence

text: presented

text: during

text: the

text: Government

text: s

text: case

text: in

text: chief

text: to

text: allow

text: the

text: jury

text: to

text: convict

text: Allen

text: Allen

text: claims

text: prejudice

text: from

text: a

text: document

text: that

text: was

text: faxed

text: from

text: Allen

text: Freight

text: Systems

text: a

text: company

text: that

text: he

text: owned

text: and

text: entered

text: into

text: evidence

text: during

text: the

text: testimony

text: of

text: one

text: of

text: Reinhardt

text: s

text: witnesses

text: As

text: a

text: result

text: of

text: this

text: document

text: Allen

text: claims

text: that

text: he

text: was

text: forced

text: to

text: show

text: the

text: jury

text: samples

text: of

text: his

text: own

text: handwriting

text: to

text: establish

text: that

text: he

text: did

text: not

text: fax

text: the

text: document

text: This

text: in

text: turn

text: led

text: the

text: jury

text: to

text: be

text: able

text: to

text: link

text: Allen

text: s

text: handwriting

text: to

text: that

text: on

text: fax

text: cover

text: sheets

text: in

text: alleged

text: violation

text: of

text: Allen

text: s

text: constitutional

text: rights

text: This

text: argument

text: ignores

text: that

text: the

text: document

text: was

text: faxed

text: from

text: a

text: company

text: Allen

text: admitted

text: to

text: owning

text: and

text: that

text: the

text: document

text: would

text: have

text: been

text: admissible

text: against

text: him

text: even

text: if

text: he

text: had

text: been

text: tried

text: separately

text: from

text: Reinhardt

text: Additionally

text: the

text: Government

text: entered

text: into

text: evidence

text: examples

text: of

text: Allen

text: s

text: handwriting

text: during

text: its

text: case

text: in

text: chief

text: in

text: connection

text: with

text: a

text: rental

text: application

text: he

text: submitted

text: Thus

text: there

text: was

text: no

text: prejudice

text: to

text: Allen

text: from

text: the

text: entry

text: into

text: evidence

text: of

text: the

text: faxed

text: document

text: from

text: Allen

text: Freight

text: Systems

text: during

text: Reinhardt

text: s

text: affirmative

text: defense

text: Reinhardt

text: s

text: defense

text: was

text: not

text: so

text: inherently

text: antagonistic

text: to

text: Allen

text: s

text: defense

text: as

text: to

text: justify

text: severance

text: under

text: the

text: standard

text: set

text: forth

text: in

text: Najjar

text: In

text: addition

text: Allen

text: has

text: not

text: demonstrated

text: any

text: specific

text: instances

text: of

text: impermissible

text: prejudice

text: from

text: his

text: joint

text: trial

text: with

text: Reinhardt

text: Thus

text: we

text: reject

text: his

text: claim

text: that

text: the

text: district

text: court

text: abused

text: its

text: discretion

text: by

text: denying

text: his

text: motions

text: for

text: severance

text: and

text: a

text: mistrial

text: IV

text: Reinhardt

text: alleges

text: that

text: the

text: district

text: court

text: did

text: not

text: properly

text: inquire

text: as

text: to

text: the

text: validity

text: of

text: a

text: potential

text: defense

text: witness

text: s

text: refusal

text: to

text: testify

text: on

text: the

text: basis

text: of

text: his

text: Fifth

text: Amendment

text: right

text: against

text: self

text: incrimination

text: and

text: thus

text: violated

text: Reinhardt

text: s

text: Sixth

text: Amendment

text: right

text: to

text: compulsory

text: process

text: In

text: addition

text: Reinhardt

text: alleges

text: that

text: the

text: Government

text: engaged

text: in

text: misconduct

text: with

text: regard

text: to

text: the

text: potential

text: witness

text: Robert

text: Hickman

text: and

text: requests

text: a

text: remand

text: to

text: develop

text: evidence

text: in

text: that

text: regard

text: Finally

text: Reinhardt

text: argues

text: that

text: his

text: counsel

text: s

text: acceptance

text: of

text: Hickman

text: s

text: invocation

text: of

text: the

text: privilege

text: represented

text: constitutionally

text: ineffective

text: assistance

text: of

text: counsel

text: We

text: reject

text: these

text: arguments

text: in

text: their

text: entirety

text: A

text: The

text: Fifth

text: Amendment

text: privilege

text: not

text: only

text: extends

text: to

text: answers

text: that

text: would

text: in

text: themselves

text: support

text: a

text: conviction

text: under

text: a

text: federal

text: criminal

text: statute

text: but

text: likewise

text: embraces

text: those

text: which

text: would

text: furnish

text: a

text: link

text: in

text: the

text: chain

text: of

text: evidence

text: needed

text: to

text: prosecute

text: the

text: claimant

text: for

text: a

text: federal

text: crime

text: Hoffman

text: v

text: United

text: States

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: The

text: propriety

text: of

text: the

text: invocation

text: of

text: the

text: privilege

text: is

text: not

text: determined

text: by

text: the

text: witness

text: herself

text: but

text: by

text: the

text: court

text: Id

text: Because

text: requiring

text: a

text: witness

text: to

text: prove

text: the

text: necessity

text: of

text: the

text: privilege

text: would

text: often

text: vitiate

text: the

text: privilege

text: itself

text: it

text: need

text: only

text: be

text: evident

text: from

text: the

text: implications

text: of

text: the

text: question

text: in

text: the

text: setting

text: in

text: which

text: it

text: is

text: asked

text: that

text: a

text: responsive

text: answer

text: to

text: the

text: question

text: or

text: an

text: explanation

text: of

text: why

text: it

text: cannot

text: be

text: answered

text: might

text: be

text: dangerous

text: because

text: injurious

text: disclosure

text: could

text: result

text: Id

text: at

text: S

text: Ct

text: Because

text: a

text: criminal

text: defendant

text: has

text: a

text: right

text: under

text: the

text: Sixth

text: Amendment

text: to

text: compel

text: testimony

text: if

text: a

text: defense

text: witness

text: refuses

text: to

text: testify

text: on

text: the

text: basis

text: of

text: the

text: Fifth

text: Amendment

text: the

text: trial

text: judge

text: must

text: make

text: a

text: proper

text: and

text: particularized

text: inquiry

text: into

text: the

text: legitimacy

text: and

text: scope

text: of

text: the

text: witness

text: s

text: assertion

text: of

text: the

text: privilege

text: Gaskins

text: v

text: McKellar

text: F

text: d

text: th

text: Cir

text: A

text: witness

text: may

text: be

text: totally

text: excused

text: only

text: if

text: the

text: court

text: finds

text: that

text: he

text: could

text: legitimately

text: refuse

text: to

text: answer

text: any

text: and

text: all

text: relevant

text: questions

text: Id

text: In

text: this

text: case

text: because

text: Reinhardt

text: s

text: counsel

text: accepted

text: Hickman

text: s

text: counsel

text: s

text: assertion

text: that

text: Hickman

text: would

text: invoke

text: his

text: Fifth

text: Amendment

text: privilege

text: the

text: district

text: court

text: did

text: not

text: err

text: by

text: declining

text: to

text: inquire

text: further

text: given

text: that

text: it

text: had

text: appointed

text: Hickman

text: counsel

text: on

text: the

text: basis

text: of

text: its

text: threshold

text: belief

text: that

text: there

text: was

text: a

text: valid

text: Fifth

text: Amendment

text: issue

text: Cf

text: United

text: States

text: v

text: Lee

text: Fed

text: Appx

text: th

text: Cir

text: United

text: States

text: v

text: Ortiz

text: F

text: d

text: D

text: C

text: Cir

text: We

text: find

text: no

text: plain

text: error

text: as

text: a

text: result

text: of

text: the

text: district

text: court

text: s

text: failure

text: to

text: inquire

text: sua

text: sponte

text: whether

text: the

text: witness

text: was

text: entitled

text: to

text: assert

text: a

text: blanket

text: privilege

text: B

text: Reinhardt

text: argues

text: that

text: evidence

text: of

text: a

text: communication

text: between

text: Hickman

text: his

text: counsel

text: and

text: the

text: Government

text: prior

text: to

text: Hickman

text: s

text: refusal

text: to

text: testify

text: warrants

text: a

text: remand

text: to

text: determine

text: whether

text: the

text: Government

text: s

text: actions

text: violated

text: Webb

text: v

text: Texas

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: or

text: United

text: States

text: v

text: Golding

text: F

text: d

text: th

text: Cir

text: To

text: prevail

text: on

text: a

text: claim

text: of

text: prosecutorial

text: misconduct

text: a

text: defendant

text: must

text: show

text: that

text: the

text: prosecutor

text: s

text: remarks

text: and

text: conduct

text: were

text: in

text: fact

text: improper

text: and

text: that

text: such

text: remarks

text: or

text: conduct

text: prejudiced

text: the

text: defendant

text: to

text: such

text: an

text: extent

text: as

text: to

text: deprive

text: the

text: defendant

text: of

text: a

text: fair

text: trial

text: Golding

text: F

text: d

text: at

text: In

text: this

text: case

text: there

text: is

text: no

text: evidence

text: whatsoever

text: that

text: the

text: Government

text: acted

text: improperly

text: in

text: any

text: manner

text: A

text: remand

text: is

text: thus

text: unnecessary

text: to

text: develop

text: any

text: evidence

text: on

text: this

text: claim

text: C

text: Reinhardt

text: submits

text: that

text: his

text: trial

text: counsel

text: was

text: constitutionally

text: ineffective

text: by

text: acquiescing

text: in

text: Hickman

text: s

text: refusal

text: to

text: testify

text: on

text: the

text: basis

text: of

text: his

text: Fifth

text: Amendment

text: privilege

text: Claims

text: of

text: ineffective

text: assistance

text: of

text: counsel

text: are

text: normally

text: raised

text: before

text: the

text: district

text: court

text: via

text: U

text: S

text: C

text: and

text: are

text: cognizable

text: on

text: direct

text: appeal

text: only

text: where

text: it

text: conclusively

text: appears

text: on

text: the

text: record

text: that

text: defense

text: counsel

text: did

text: not

text: provide

text: effective

text: representation

text: See

text: United

text: States

text: v

text: King

text: F

text: d

text: th

text: Cir

text: The

text: record

text: in

text: this

text: case

text: does

text: not

text: conclusively

text: suggest

text: any

text: prejudice

text: to

text: Reinhardt

text: from

text: Hickman

text: s

text: failure

text: to

text: testify

text: Thus

text: Reinhardt

text: s

text: ineffective

text: assistance

text: of

text: counsel

text: claim

text: is

text: not

text: cognizable

text: on

text: direct

text: appeal

text: V

text: Allen

text: and

text: Reinhardt

text: argue

text: that

text: the

text: district

text: court

text: s

text: disclosure

text: to

text: the

text: Government

text: of

text: a

text: document

text: containing

text: legal

text: arguments

text: regarding

text: the

text: defense

text: s

text: intended

text: cross

text: examination

text: of

text: a

text: witness

text: impermissibly

text: intruded

text: upon

text: protected

text: attorney

text: work

text: product

text: and

text: violated

text: their

text: Sixth

text: Amendment

text: rights

text: to

text: effective

text: assistance

text: of

text: counsel

text: Because

text: the

text: Appellants

text: do

text: not

text: allege

text: any

text: prejudice

text: from

text: the

text: district

text: court

text: s

text: disclosure

text: and

text: is

text: apparent

text: from

text: the

text: record

text: there

text: was

text: no

text: Sixth

text: Amendment

text: violation

text: Recognizing

text: that

text: Washington

text: was

text: a

text: key

text: witness

text: and

text: that

text: the

text: defense

text: intended

text: to

text: make

text: extensive

text: use

text: of

text: his

text: prior

text: convictions

text: during

text: cross

text: examination

text: the

text: district

text: court

text: ordered

text: the

text: defense

text: to

text: prepare

text: a

text: document

text: detailing

text: the

text: specific

text: prior

text: convictions

text: it

text: intended

text: to

text: introduce

text: as

text: well

text: as

text: legal

text: arguments

text: supporting

text: such

text: questioning

text: After

text: defense

text: counsel

text: provided

text: the

text: requested

text: document

text: the

text: court

text: indicated

text: that

text: it

text: would

text: review

text: the

text: document

text: over

text: the

text: weekend

text: and

text: then

text: disclose

text: the

text: document

text: the

text: following

text: Monday

text: to

text: the

text: Government

text: provided

text: that

text: the

text: Government

text: not

text: reveal

text: the

text: document

text: to

text: the

text: Assistant

text: United

text: States

text: Attorney

text: responsible

text: for

text: preparing

text: Washington

text: for

text: his

text: testimony

text: Defense

text: counsel

text: did

text: not

text: object

text: at

text: this

text: time

text: After

text: reviewing

text: the

text: document

text: the

text: district

text: court

text: ordered

text: the

text: defense

text: to

text: provide

text: a

text: copy

text: to

text: the

text: Government

text: with

text: the

text: stipulation

text: that

text: it

text: not

text: be

text: shared

text: with

text: the

text: Assistant

text: United

text: States

text: Attorney

text: preparing

text: Washington

text: At

text: that

text: time

text: the

text: defense

text: attorney

text: who

text: prepared

text: the

text: document

text: and

text: who

text: intended

text: to

text: cross

text: examine

text: Washington

text: who

text: was

text: not

text: present

text: during

text: the

text: previous

text: discussion

text: about

text: the

text: document

text: objected

text: claiming

text: that

text: the

text: document

text: was

text: essentially

text: a

text: road

text: map

text: of

text: his

text: cross

text: examination

text: Seeking

text: to

text: avoid

text: having

text: interminable

text: bench

text: conferences

text: the

text: district

text: court

text: overruled

text: the

text: objection

text: J

text: A

text: On

text: appeal

text: Appellants

text: do

text: not

text: allege

text: any

text: prejudice

text: from

text: the

text: district

text: court

text: s

text: decision

text: to

text: allow

text: a

text: Government

text: attorney

text: to

text: view

text: the

text: document

text: prior

text: to

text: the

text: defense

text: s

text: cross

text: examination

text: Nor

text: do

text: Appellants

text: argue

text: that

text: the

text: district

text: court

text: s

text: screening

text: order

text: which

text: essentially

text: kept

text: the

text: document

text: ex

text: parte

text: at

text: least

text: from

text: the

text: Assistant

text: United

text: States

text: Attorney

text: preparing

text: Washington

text: was

text: insufficient

text: to

text: prevent

text: prejudice

text: to

text: the

text: Appellants

text: I

text: t

text: is

text: well

text: settled

text: that

text: some

text: showing

text: of

text: prejudice

text: is

text: a

text: necessary

text: element

text: of

text: a

text: Sixth

text: Amendment

text: claim

text: based

text: on

text: an

text: invasion

text: of

text: the

text: attorney

text: client

text: relationship

text: United

text: States

text: v

text: Chavez

text: F

text: d

text: th

text: Cir

text: Because

text: Appellants

text: do

text: not

text: allege

text: any

text: prejudice

text: from

text: the

text: district

text: court

text: s

text: actions

text: nor

text: is

text: any

text: prejudice

text: clear

text: from

text: the

text: record

text: there

text: was

text: no

text: Sixth

text: Amendment

text: violation

text: The

text: district

text: court

text: took

text: steps

text: to

text: ensure

text: that

text: the

text: document

text: remained

text: screened

text: off

text: from

text: the

text: Assistant

text: United

text: States

text: Attorney

text: responsible

text: for

text: preparing

text: Washington

text: and

text: the

text: defense

text: s

text: cross

text: examination

text: was

text: not

text: impaired

text: in

text: any

text: respect

text: Although

text: district

text: courts

text: possess

text: wide

text: discretion

text: with

text: regard

text: to

text: case

text: management

text: providing

text: the

text: government

text: with

text: documents

text: pertaining

text: to

text: a

text: defense

text: s

text: intended

text: cross

text: examination

text: risks

text: disclosure

text: of

text: protected

text: work

text: product

text: and

text: we

text: discourage

text: such

text: orders

text: In

text: this

text: case

text: however

text: we

text: need

text: not

text: reach

text: the

text: issue

text: of

text: whether

text: work

text: product

text: was

text: inherent

text: in

text: the

text: disclosed

text: document

text: because

text: the

text: district

text: court

text: effectively

text: screened

text: the

text: document

text: from

text: the

text: Government

text: s

text: counsel

text: responsible

text: for

text: the

text: witness

text: and

text: the

text: Appellants

text: do

text: not

text: allege

text: that

text: any

text: prejudice

text: resulted

text: from

text: this

text: arrangement

text: Accordingly

text: we

text: reject

text: Appellants

text: argument

text: that

text: their

text: Sixth

text: Amendment

text: rights

text: were

text: violated

text: VI

text: Finally

text: Reinhardt

text: asserts

text: that

text: the

text: district

text: court

text: committed

text: numerous

text: errors

text: in

text: calculating

text: his

text: sentence

text: When

text: we

text: review

text: a

text: post

text: Booker

text: sentence

text: of

text: a

text: district

text: court

text: the

text: overall

text: inquiry

text: is

text: whether

text: the

text: sentence

text: is

text: within

text: the

text: statutorily

text: prescribed

text: range

text: and

text: is

text: reasonable

text: United

text: States

text: v

text: Hughes

text: F

text: d

text: th

text: Cir

text: A

text: sentence

text: within

text: the

text: proper

text: Sentencing

text: Guidelines

text: range

text: is

text: presumptively

text: reasonable

text: See

text: United

text: States

text: v

text: Johnson

text: F

text: d

text: th

text: Cir

text: In

text: considering

text: whether

text: a

text: sentence

text: is

text: unreasonable

text: we

text: review

text: the

text: district

text: court

text: s

text: legal

text: conclusions

text: de

text: novo

text: and

text: its

text: factual

text: findings

text: for

text: clear

text: error

text: United

text: States

text: v

text: Hampton

text: F

text: d

text: th

text: Cir

text: In

text: reviewing

text: loss

text: calculation

text: we

text: review

text: de

text: novo

text: the

text: district

text: court

text: s

text: interpretation

text: of

text: what

text: constitutes

text: loss

text: while

text: accepting

text: the

text: calculation

text: of

text: loss

text: absent

text: clear

text: error

text: Hughes

text: F

text: d

text: at

text: reviewing

text: determination

text: of

text: loss

text: under

text: Sentencing

text: Guidelines

text: F

text: b

text: A

text: Reinhardt

text: argues

text: that

text: the

text: district

text: court

text: abused

text: its

text: discretion

text: by

text: not

text: granting

text: a

text: downward

text: departure

text: because

text: of

text: his

text: family

text: circumstances

text: Reinhardt

text: s

text: son

text: suffers

text: from

text: two

text: rare

text: genetic

text: disorders

text: neurofibro

text: matosis

text: and

text: congenital

text: pseudoarthrosis

text: of

text: the

text: left

text: leg

text: Reinhardt

text: claims

text: that

text: the

text: district

text: court

text: s

text: anger

text: at

text: his

text: sentencing

text: counsel

text: resulting

text: from

text: their

text: voluminous

text: submissions

text: in

text: connection

text: with

text: sentencing

text: and

text: continued

text: submissions

text: as

text: to

text: Reinhardt

text: s

text: innocence

text: caused

text: the

text: court

text: to

text: deny

text: the

text: downward

text: departure

text: A

text: district

text: court

text: s

text: decision

text: not

text: to

text: depart

text: from

text: the

text: Sentencing

text: Guidelines

text: is

text: not

text: reviewable

text: unless

text: the

text: court

text: mistakenly

text: believed

text: that

text: it

text: lacked

text: authority

text: to

text: depart

text: United

text: States

text: v

text: Carr

text: F

text: d

text: th

text: Cir

text: In

text: this

text: case

text: the

text: district

text: court

text: acknowledged

text: that

text: it

text: had

text: the

text: ability

text: to

text: grant

text: Reinhardt

text: a

text: downward

text: departure

text: based

text: on

text: his

text: family

text: circumstances

text: but

text: did

text: not

text: believe

text: that

text: such

text: a

text: departure

text: was

text: warranted

text: Because

text: the

text: district

text: court

text: understood

text: its

text: ability

text: to

text: depart

text: from

text: the

text: Guidelines

text: it

text: was

text: under

text: no

text: misperception

text: as

text: to

text: its

text: authority

text: and

text: its

text: refusal

text: to

text: depart

text: is

text: not

text: subject

text: to

text: appellate

text: review

text: Id

text: at

text: Accordingly

text: we

text: cannot

text: disturb

text: the

text: district

text: court

text: s

text: decision

text: not

text: to

text: grant

text: Reinhardt

text: a

text: downward

text: departure

text: based

text: on

text: family

text: circumstances

text: and

text: must

text: dismiss

text: this

text: portion

text: of

text: his

text: appeal

text: B

text: Reinhardt

text: claims

text: that

text: the

text: district

text: court

text: erred

text: in

text: applying

text: a

text: one

text: level

text: enhancement

text: for

text: identity

text: theft

text: under

text: F

text: b

text: C

text: i

text: Reinhardt

text: argues

text: that

text: while

text: the

text: evidence

text: is

text: clear

text: that

text: Washington

text: engaged

text: in

text: identity

text: theft

text: there

text: was

text: no

text: evidence

text: that

text: Reinhardt

text: engaged

text: in

text: such

text: theft

text: even

text: if

text: he

text: was

text: aware

text: of

text: Washington

text: s

text: actions

text: Section

text: F

text: b

text: C

text: i

text: of

text: the

text: Guidelines

text: provides

text: for

text: a

text: two

text: level

text: enhancement

text: if

text: a

text: fraud

text: offense

text: involved

text: the

text: unauthorized

text: transfer

text: or

text: use

text: of

text: any

text: means

text: of

text: identification

text: unlawfully

text: to

text: produce

text: or

text: obtain

text: any

text: other

text: means

text: of

text: identification

text: This

text: subsection

text: applies

text: where

text: a

text: defendant

text: without

text: authorization

text: uses

text: an

text: individual

text: s

text: name

text: and

text: social

text: security

text: number

text: or

text: address

text: to

text: obtain

text: a

text: bank

text: loan

text: or

text: credit

text: card

text: See

text: Guidelines

text: F

text: cmt

text: United

text: States

text: v

text: Baldwin

text: Fed

text: Appx

text: n

text: th

text: Cir

text: The

text: subsection

text: has

text: also

text: been

text: held

text: to

text: apply

text: where

text: a

text: defendant

text: without

text: authorization

text: uses

text: an

text: individual

text: s

text: information

text: to

text: obtain

text: a

text: lease

text: or

text: open

text: a

text: bank

text: account

text: See

text: United

text: States

text: v

text: Samet

text: Fed

text: Appx

text: d

text: Cir

text: Like

text: the

text: account

text: number

text: of

text: a

text: bank

text: loan

text: the

text: account

text: number

text: of

text: the

text: leases

text: thus

text: constitute

text: means

text: of

text: identification

text: and

text: because

text: they

text: were

text: obtained

text: unlawfully

text: the

text: defendants

text: base

text: offense

text: levels

text: were

text: appropriately

text: enhanced

text: United

text: States

text: v

text: Norwood

text: No

text: WL

text: at

text: Fed

text: Appx

text: th

text: Cir

text: April

text: The

text: names

text: of

text: his

text: mother

text: and

text: uncle

text: were

text: the

text: means

text: of

text: identification

text: The

text: defendant

text: used

text: those

text: means

text: to

text: produce

text: another

text: means

text: of

text: identification

text: the

text: bank

text: account

text: numbers

text: Accordingly

text: the

text: identity

text: theft

text: enhancement

text: applies

text: In

text: this

text: case

text: the

text: district

text: court

text: applied

text: a

text: one

text: level

text: enhancement

text: to

text: Reinhardt

text: s

text: sentence

text: under

text: F

text: b

text: C

text: I

text: based

text: on

text: among

text: other

text: facts

text: Reinhardt

text: s

text: knowingly

text: processing

text: a

text: lease

text: with

text: Khrlobian

text: containing

text: Khrlobian

text: s

text: wife

text: s

text: social

text: security

text: number

text: and

text: name

text: which

text: Reinhardt

text: knew

text: were

text: being

text: used

text: without

text: her

text: consent

text: and

text: Reinhardt

text: s

text: knowledge

text: that

text: Washington

text: s

text: girlfriend

text: had

text: listed

text: her

text: father

text: as

text: guarantor

text: on

text: the

text: Variety

text: Cutz

text: leases

text: without

text: his

text: knowledge

text: In

text: addition

text: the

text: district

text: court

text: found

text: that

text: the

text: overall

text: fraudulent

text: scheme

text: depended

text: on

text: dressing

text: up

text: the

text: lease

text: applications

text: with

text: creditworthy

text: guarantors

text: regardless

text: of

text: whether

text: permission

text: had

text: been

text: obtained

text: from

text: those

text: individuals

text: The

text: evidence

text: adduced

text: at

text: trial

text: reflected

text: the

text: fact

text: that

text: Washington

text: primarily

text: filled

text: out

text: lease

text: applications

text: where

text: guarantors

text: were

text: listed

text: without

text: their

text: knowledge

text: The

text: evidence

text: involving

text: Khrlobian

text: s

text: wife

text: and

text: Washington

text: s

text: girlfriend

text: demonstrates

text: however

text: that

text: Reinhardt

text: was

text: aware

text: in

text: at

text: least

text: two

text: instances

text: of

text: individual

text: s

text: names

text: driver

text: s

text: licenses

text: and

text: credit

text: including

text: social

text: security

text: numbers

text: being

text: used

text: without

text: authorization

text: to

text: obtain

text: leases

text: from

text: financing

text: companies

text: Given

text: this

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: applying

text: a

text: one

text: level

text: identity

text: theft

text: enhancement

text: under

text: F

text: b

text: C

text: I

text: of

text: the

text: Guidelines

text: In

text: addition

text: Reinhardt

text: objects

text: to

text: the

text: inclusion

text: in

text: his

text: loss

text: calculation

text: of

text: two

text: leases

text: arranged

text: by

text: Telcom

text: another

text: company

text: that

text: he

text: and

text: Washington

text: used

text: as

text: a

text: purported

text: equipment

text: vendor

text: claiming

text: that

text: there

text: was

text: insufficient

text: evidence

text: that

text: he

text: was

text: involved

text: with

text: Telcom

text: Given

text: the

text: evidence

text: the

text: district

text: court

text: did

text: not

text: clearly

text: err

text: in

text: including

text: the

text: Telcom

text: leases

text: in

text: Reinhardt

text: s

text: loss

text: calculation

text: Even

text: assuming

text: arguendo

text: that

text: the

text: Telcom

text: leases

text: were

text: wrongly

text: included

text: those

text: leases

text: only

text: increased

text: the

text: loss

text: calculation

text: by

text: The

text: loss

text: calculation

text: due

text: to

text: Reinhardt

text: s

text: conduct

text: was

text: Reducing

text: this

text: amount

text: by

text: the

text: Telcom

text: lease

text: amount

text: yields

text: which

text: corresponds

text: to

text: the

text: same

text: offense

text: level

text: as

text: Reinhardt

text: s

text: calculated

text: loss

text: level

text: See

text: Guidelines

text: F

text: b

text: M

text: Thus

text: any

text: error

text: with

text: respect

text: to

text: inclusion

text: of

text: the

text: Telcom

text: leases

text: was

text: harmless

text: C

text: Reinhardt

text: s

text: remaining

text: objections

text: to

text: his

text: sentencing

text: attack

text: the

text: district

text: court

text: s

text: methodology

text: and

text: his

text: counsel

text: s

text: effectiveness

text: We

text: summarily

text: reject

text: these

text: arguments

text: First

text: Reinhardt

text: alleges

text: that

text: the

text: district

text: court

text: s

text: stacking

text: of

text: two

text: counts

text: to

text: raise

text: Reinhardt

text: s

text: possible

text: maximum

text: sentence

text: from

text: sixty

text: to

text: seventy

text: months

text: was

text: improper

text: but

text: provides

text: no

text: argument

text: as

text: to

text: why

text: Under

text: G

text: of

text: the

text: Guidelines

text: if

text: a

text: defendant

text: is

text: convicted

text: of

text: multiple

text: counts

text: of

text: an

text: offense

text: and

text: the

text: calculated

text: sentence

text: under

text: the

text: Guidelines

text: exceeds

text: the

text: statutory

text: maximum

text: on

text: one

text: of

text: the

text: counts

text: the

text: sentence

text: should

text: be

text: imposed

text: consecutively

text: but

text: only

text: to

text: the

text: extent

text: necessary

text: to

text: produce

text: a

text: combined

text: sentence

text: equal

text: to

text: the

text: calculated

text: sentence

text: See

text: United

text: States

text: v

text: Chase

text: F

text: d

text: th

text: Cir

text: explaining

text: stacking

text: procedure

text: under

text: G

text: Applying

text: the

text: Guidelines

text: the

text: district

text: court

text: determined

text: Reinhardt

text: s

text: offense

text: level

text: as

text: a

text: with

text: a

text: criminal

text: history

text: in

text: category

text: I

text: yielding

text: a

text: range

text: of

text: to

text: months

text: The

text: statutory

text: maximum

text: for

text: each

text: count

text: under

text: U

text: S

text: C

text: is

text: sixty

text: months

text: See

text: U

text: S

text: C

text: A

text: Because

text: the

text: Guidelines

text: range

text: exceeded

text: the

text: statutory

text: maximum

text: for

text: one

text: count

text: and

text: Reinhardt

text: was

text: convicted

text: of

text: multiple

text: counts

text: under

text: the

text: Guidelines

text: allowed

text: the

text: district

text: court

text: to

text: stack

text: multiple

text: counts

text: consecutively

text: to

text: achieve

text: a

text: sentence

text: within

text: the

text: Guidelines

text: range

text: There

text: is

text: no

text: evidence

text: in

text: the

text: record

text: that

text: the

text: district

text: court

text: acted

text: improperly

text: in

text: following

text: the

text: mandate

text: of

text: the

text: Guidelines

text: and

text: increasing

text: Reinhardt

text: s

text: maximum

text: sentence

text: to

text: seventy

text: months

text: See

text: United

text: States

text: v

text: Battle

text: Fed

text: Appx

text: th

text: Cir

text: approving

text: of

text: post

text: Booker

text: stacking

text: under

text: G

text: d

text: United

text: States

text: v

text: Smalls

text: Fed

text: Appx

text: th

text: Cir

text: same

text: Next

text: relying

text: on

text: United

text: States

text: v

text: Lauersen

text: F

text: d

text: d

text: Cir

text: aff

text: d

text: on

text: reh

text: g

text: F

text: d

text: d

text: Cir

text: vacated

text: by

text: U

text: S

text: S

text: Ct

text: L

text: Ed

text: d

text: Reinhardt

text: argues

text: that

text: the

text: cumulation

text: of

text: upward

text: enhancements

text: for

text: more

text: than

text: minimal

text: planning

text: sophisticated

text: means

text: and

text: masterminding

text: the

text: scheme

text: in

text: question

text: enhanced

text: his

text: sentence

text: to

text: an

text: impermissible

text: degree

text: Putting

text: aside

text: the

text: issue

text: of

text: whether

text: Lauersen

text: is

text: viable

text: in

text: the

text: Second

text: Circuit

text: following

text: its

text: vacatur

text: by

text: the

text: Supreme

text: Court

text: it

text: was

text: never

text: the

text: law

text: of

text: this

text: Circuit

text: Thus

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: rejecting

text: Reinhardt

text: s

text: Lauersen

text: argument

text: In

text: addition

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: applying

text: separate

text: upward

text: enhancements

text: to

text: Reinhardt

text: s

text: sentence

text: where

text: those

text: enhancements

text: were

text: based

text: on

text: the

text: Guidelines

text: and

text: supported

text: by

text: the

text: evidence

text: Reinhardt

text: argues

text: that

text: the

text: sentence

text: imposed

text: by

text: the

text: district

text: court

text: was

text: based

text: on

text: facts

text: not

text: found

text: by

text: the

text: jury

text: and

text: that

text: the

text: district

text: court

text: treated

text: the

text: Guidelines

text: and

text: enhancements

text: found

text: thereunder

text: as

text: mandatory

text: thus

text: violating

text: Booker

text: and

text: Hughes

text: The

text: district

text: court

text: did

text: not

text: err

text: in

text: any

text: respect

text: in

text: calculating

text: Reinhardt

text: s

text: sentence

text: the

text: procedure

text: followed

text: was

text: in

text: full

text: accord

text: with

text: our

text: precedents

text: and

text: did

text: not

text: treat

text: the

text: Guidelines

text: as

text: mandatory

text: in

text: violation

text: of

text: Booker

text: Accordingly

text: we

text: reject

text: Reinhardt

text: s

text: argument

text: that

text: his

text: sentence

text: was

text: imposed

text: in

text: violation

text: of

text: Booker

text: and

text: Hughes

text: Finally

text: Reinhardt

text: claims

text: that

text: his

text: sentencing

text: counsel

text: provided

text: ineffective

text: representation

text: by

text: submitting

text: too

text: many

text: claims

text: to

text: the

text: district

text: court

text: arguing

text: every

text: conceivable

text: legal

text: point

text: and

text: submitting

text: evidence

text: that

text: the

text: district

text: court

text: termed

text: flimflam

text: Claims

text: of

text: ineffective

text: assistance

text: of

text: counsel

text: are

text: normally

text: raised

text: before

text: the

text: district

text: court

text: via

text: U

text: S

text: C

text: and

text: are

text: cognizable

text: on

text: direct

text: appeal

text: only

text: where

text: it

text: conclusively

text: appears

text: on

text: the

text: record

text: that

text: defense

text: counsel

text: did

text: not

text: provide

text: effective

text: representation

text: See

text: King

text: F

text: d

text: at

text: The

text: record

text: in

text: this

text: case

text: does

text: not

text: conclusively

text: suggest

text: that

text: Reinhardt

text: s

text: counsel

text: was

text: deficient

text: during

text: the

text: sentencing

text: phase

text: Furthermore

text: it

text: is

text: not

text: conclusively

text: shown

text: on

text: the

text: record

text: that

text: any

text: deficiency

text: in

text: counsel

text: prejudiced

text: Reinhardt

text: Accordingly

text: Reinhardt

text: s

text: ineffective

text: assistance

text: of

text: counsel

text: claim

text: with

text: regard

text: to

text: the

text: sentencing

text: phase

text: of

text: his

text: trial

text: is

text: not

text: cognizable

text: on

text: direct

text: appeal

text: In

text: sum

text: of

text: Reinhardt

text: s

text: challenges

text: to

text: his

text: sentence

text: are

text: meritorious

text: and

text: the

text: district

text: court

text: did

text: not

text: err

text: in

text: imposing

text: a

text: sentence

text: of

text: seventy

text: months

text: VII

text: For

text: the

text: foregoing

text: reasons

text: we

text: dismiss

text: Reinhardt

text: s

text: appeal

text: of

text: the

text: district

text: court

text: s

text: failure

text: to

text: grant

text: a

text: downward

text: departure

text: and

text: affirm

text: the

text: convictions

text: and

text: sentences

text: of

text: Reinhardt

text: and

text: Allen

text: in

text: their

text: entirety

text: DISMISSED

text: IN

text: PART

text: AFFIRMED

text: IN

text: PART