United States v. Clemons, No. 12-2818 (8th Cir. 2013)
Annotate this CaseDefendant appealed his conviction of 65 counts of mail fraud for collecting proceeds from the milling of pine saw logs that he diverted from their intended mill. The court affirmed the judgment, concluding that the evidence was sufficient to support his conviction; defendant failed to show that the district court erred in allowing an Assistant United States Attorney to introduce defendant's proffered statements under Federal Rule of Evidence 410(a)(4); and the district court did not err in denying defendant a setoff against the restitution amount.
Court Description: Criminal case - Criminal law. Evidence was sufficient to support defendant's convictions on 65 counts of mail fraud; court would not consider argument that admission of defendant's proffer statements violated Rule 410(a)(4) as the argument was made for the first time on appeal; in determining the amount of restitution, the district court did not err in refusing to set off amounts the victim owed defendant.
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