United States v. Scully, No. 16-51429 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed defendant's conviction and sentence for conspiracy to defraud the United States, conspiracy to commit wire fraud, and three substantive counts of wire fraud, relating to the operation of his company, Gourmet Express.
The court held that the IRS agents' search of defendant's home office did not violate the Fourth Amendment and therefore the district court did not err by admitting the seized evidence. In this case, the good faith exception to the exclusionary rule applied. The court rejected defendant's argument that the government violated due process by filing the second superseding indictment and held that the district court did not err in refusing to strike it. The court weighed the four Barker factors and held that plaintiff's Sixth Amendment right to a speedy trial was not violated. Finally, the court held that there was sufficient evidence to support defendant's convictions for wire fraud and conspiracy to commit wire fraud, and defendant's sentence was substantively reasonable.