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United States v. Maxwell

United States Court of Appeals, Eighth Circuit

February 20, 2015

United States of America, Plaintiff - Appellee
v.
Steven Lavell Maxwell, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Joel Delano Powell, Jr., Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Norman Scott Allen, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Frederick Adrianne Hamilton, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Desmon Demond Burks, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Russell Raymond Royals, Defendant - Appellant; United States of America, Plaintiff - Appellee
v.
Gordon Lamarr Moore, Defendant - Appellant

Submitted October 6, 2014.

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Appeals from United States District Court for the District of Minnesota - St. Paul.

For United States of America, Plaintiff - Appellee (13-2670): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

For Steven Lavell Maxwell, Defendant - Appellant (13-2670): Robert M. Christensen, Minneapolis, MN.

Steven Lavell Maxwell, Defendant - Appellant (13-2670), Pro se, Pekin, IL.

For United States of America, Plaintiff - Appellee (13-2671): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

For Joel Delano Powell, Jr., Defendant - Appellant (13-2671): David Izek, Altman & Izek, Minneapolis, MN.

Joel Delano Powell, Jr., Defendant - Appellant (13-2671), Pro se, Pekin, IL.

For United States of America, Plaintiff - Appellee (13-2730): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

Norman Scott Allen, Defendant - Appellant (13-2730), Pro se, Forrest City, AR.

For Norman Scott Allen, Defendant - Appellant (13-2730): Rabea Jamal Zayed, Dorsey & Whitney, Minneapolis, MN.

For United States of America, Plaintiff - Appellee (13-2731): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

For Frederick Adrianne Hamilton, Defendant - Appellant (13-2731): Dean Stuart Grau, Attorney, Law Office of Dean S. Grau, Saint Paul, MN.

Frederick Adrianne Hamilton, Defendant - Appellant (13-2731), Pro se, Terre Haute, IN.

For United States of America, Plaintiff - Appellee (13-2874): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

Desmon Demond Burks, Defendant - Appellant (13-2874), Pro se, Terre Haute, IN.

For Desmon Demond Burks, Defendant - Appellant (13-2874): Michael H. McGlennen, Minneapolis, MN.

For United States of America, Plaintiff - Appellee (13-2926): James Sanderson Alexander, Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

For Russell Raymond Royals, Defendant - Appellant (13-2926): Craig E. Cascarano, Cascarno Law Offices, Minneapolis, MN.

Russell Raymond Royals, Defendant - Appellant (13-2926), Pro se, Florence, CO.

For United States of America, Plaintiff - Appellee (13-3432): Michelle E. Jones, Assistant U.S. Attorney, Karen B. Schommer, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN; Lisa D. Kirkpatrick, Assistant U.S. Attorney, U.S. Attorney's Office, Saint Paul, MN.

For Gordon Lamarr Moore, Defendant - Appellant (13-3432): James Raymond Behrenbrinker I, Minneapolis, MN.

Gordon Lamarr Moore, Defendant - Appellant (13-3432), Pro se, Coleman, FL.

Before LOKEN, BEAM, and COLLOTON, Circuit Judges.

OPINION

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LOKEN, Circuit Judge.

A January 2012 superseding indictment charged twelve defendants with conspiracy to commit bank fraud in violation of 18 U.S.C. § § 1344 & 1349. Various defendants were charged in thirty-seven other counts with specific bank fraud and aggravated identity theft offenses. See 18 U.S.C. § 1028A. Steven Maxwell was charged in Count 39 with conspiracy to commit concealment money laundering. Eight defendants pleaded guilty, including Maxwell and Russell Royals, who then testified for the government at the trial of Desmon Burks, Joel Powell, Jr., Norman Allen, and Frederick Hamilton. A jury convicted the four of the conspiracy charge and most of the substantive counts. Burks, Powell, Allen, and Hamilton appeal

Page 725

their convictions and sentences. Maxwell and Royals appeal their sentences. After a separate trial in 2013, a different jury convicted Gordon Lamarr Moore of conspiracy to commit bank fraud and aggravated identity theft. Moore appeals the denial of his pretrial motion to suppress. We consolidated the seven appeals and now affirm the district court's[1] seven judgments.

I. Sufficiency of the Evidence

Count 1 of the Superseding Indictment charged all defendants with executing, by various means, " a scheme and artifice to defraud businesses and [named] Financial Institutions, and to obtain by means of materially false and fraudulent pretenses and representations, monies and funds . . . of the Financial Institutions," in violation of 18 U.S.C. § 1344. This alleged violations of both § 1344(1) and § 1344(2). Counts 2-21 charged one or more defendants with committing specific fraudulent transactions at named Financial Institutions " to execute the scheme and artifice" to defraud. Counts 22-34 charged one or more defendants with committing aggravated identity theft by unlawfully using another person's identification in specific transactions to obtain the assets of named Financial Institutions " during and in relation to" the bank fraud felony. Each count alleged that defendants in committing the offenses were " aided and abetted by each other and by other persons known and unknown" in violation of 18 U.S.C. § 2. Burks, Powell, Allen, and Hamilton argue the evidence at trial was insufficient to convict them of these offenses. " We review de novo the sufficiency of the evidence and view that ...


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