United States v. Rice, No. 11-3587 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of four counts of wire fraud based on fraudulent money transfers he made in connection with his leasing business. Defendant appealed his conviction and sentence. The court held that the district court did not abuse its discretion in giving the jury instructions in this case; the district court did not abuse its discretion in denying the request for a special verdict form; the district court did not clearly err in calculating the loss from defendant's scheme or abuse its discretion in ordering restitution; and the district court did not plainly err in sentencing defendant.
Court Description: Criminal case - Criminal law and sentencing. Taking the jury instructions as a whole, the jury was adequately advised of the essential elements of the wire fraud charges and the burden of proof required of the government; district court did not err in calculating the amount of the loss or in ordering restitution; the district court sufficiently explained its decision not to depart or vary downward; court would not address the reasonableness of the sentence as defendant did not raise the issue in his opening brief and thereby waived the issue.
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