United States v. Powell, Jr., No. 11-4724 (4th Cir. 2012)
Annotate this CaseDefendant appealed his conviction and sentence for making, or aiding and abetting the making of, a false entry in a bankruptcy-related document. The charges arose from a fraudulent scheme directed by the co-defendant where the co-defendant established companies and maintained control over them by installing his associates as their nominal heads. The co-defendant then convinced individuals to invest in the companies through loans that he represented would be repaid in interest, but these companies in fact had no legitimate business activity and he misappropriated the invested funds for personal use. Defendant was the manager of one such company. On appeal, defendant contended that the district court erred in failing to provide several requested jury charges, the prosecutor committed reversible misconduct, defense counsel provided ineffective assistance, and the district court improperly refused to apply a mitigating role adjustment in sentencing. The court found defendant's arguments to be either without merit or noncognizable and affirmed the judgment.
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