Sealed Appellee v. Sealed Appellant, No. 20-10272 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed appellant's conviction and sentence for conspiracy to commit wire fraud in connection with a scheme involving the use of phone calls, emails, and wire transfers to defraud the victim of hundreds of thousands of dollars. The court held that appellant has not shown any clear or obvious error in Count One of the indictment and, even if he had done so, he has not met his burden of demonstrating that the alleged error affected his substantial rights. The court also held that appellant has not shown any clear or obvious error under Faretta v. California, 422 U.S. 806 (1975). Finally, the court declined to consider appellant's ineffective assistance of counsel claim without prejudice to his right to seek collateral review.
The court issued a subsequent related opinion or order on November 16, 2020.