United States v. Hammers, No. 18-7051 (10th Cir. 2019)Annotate this Case
Defendant-Appellant Buck Leon Hammers served as the Superintendent of the Grant-Goodland Public School District in Grant, Oklahoma, until he was charged with conspiring with his secretary to commit bank fraud and embezzle federal program funds. Prior to trial, the Government moved to exclude a suicide note written by defendant’s secretary and co-conspirator, Pamela Keeling. In that note, Keeling took full responsibility for the fraud and exculpated Defendant of any wrongdoing. The district court granted the Government’s motion and prohibited Defendant from introducing the note at trial. The jury subsequently convicted Defendant of conspiracy to commit bank fraud, and conspiracy to embezzle federal program funds. The jury acquitted Defendant on the seven substantive counts of embezzlement and bank fraud. On appeal, defendant argued: (1) the district court erred in excluding the suicide note; (2) the Government did not present sufficient evidence to obtain a conviction; (3) the Government committed prosecutorial misconduct; and (4) the district court committed procedural error at sentencing. After review, the Tenth Circuit Court of Appeals determined the district court did not abuse its discretion in excluding the suicide note; the record contained evidence sufficient to support Defendant’s conviction, there was no prosecutorial misconduct, and no procedural error in the court’s calculation of Defendant’s sentence.