United States v. Louper-Morris; United States v. Morris, Jr., No. 10-3345 (8th Cir. 2012)Annotate this Case
Carolyn M. Louper-Morris and her son, William J. Morris, were convicted of, among other things, conspiracy and fraud charges related to the activities they carried out through their company, CyberStudy101. Louper-Morris raised six issues on appeal: (1) the district court erred by denying her motion to dismiss the indictment because the United States made a material misrepresentation to the grand jury; (2) the district court erred in overruling her objection under Batson v. Kentucky; (3) the evidence was insufficient to support her convictions; (4) the United States intimidated one of her witnesses thereby depriving her of the right to present a complete defense; (5) the district court erred by enhancing her base level offense for her role as a leader or organizer under U.S.S.G. 3B1.1; and (6) cumulative trial errors warranted reversal or at least remand. Morris raised six issues on appeal: (1) the evidence was insufficient to support his convictions; (2) the wire and mail fraud statutes exceeded Congress' authority to legislate in violation of the Tenth Amendment; (3) the district court erred by not allowing the jury to view the live website at issue; (4) the district court erred in overruling his objection under Batson; (5) the district court erred in enhancing his base offense level under U.S.S.G. 3B1.1 and 2B1.1(b)(9)(C); and (6) the district court's restitution order improperly included restitution to an entity that was already receiving compensation from a settlement agreement. The court rejected each of defendants' claims and affirmed the judgment.