December 18, 2015
from United States District Court for the Eastern District of
Arkansas - Little Rock.
United States of America, Plaintiff - Appellee: Cameron C.
McCree, Assistant U.S. Attorney, Edward O. Walker, Assistant
U.S. Attorney, U.S. ATTORNEY'S OFFICE, Eastern District
of Arkansas, Little Rock, AR.
Earl Dodson, Defendant - Appellant, Pro se, Monticello, AR.
Donald Earl Dodson, Defendant - Appellant: Justin Eisele,
JUSTIN EISELE, Greenbelt, MD.
MURPHY, BENTON, and KELLY, Circuit Judges.
jury trial, Donald Dodson was convicted of aiding and
abetting embezzlement from an agency receiving federal funds,
in violation of 18 U.S.C. § § 666 and 2. At
sentencing, Dodson objected to receiving a criminal history
point for a previous uncounseled conviction. The district
court overruled the objection, but varied
downward from the 18 to 24 month advisory Guidelines range
and sentenced Dodson to 6 months' imprisonment and 2
years of supervised release. Dodson appeals, renewing his
objection to his criminal history calculation and challenging
the sufficiency of the evidence. Having jurisdiction pursuant
to 28 U.S.C. § 1291, and finding no error, we affirm.
August 2012 the United States Department of Housing and Urban
Development Office of Inspector General began an
investigation into the Star City, Arkansas Housing Authority
(SCHA) after being informed of allegations of
misappropriation of funds by Libby Dodson, Donald
Dodson's ex-wife. At the beginning of the investigation,
Libby Dodson was the Executive Director of SCHA and had
exclusive signatory authority as the person responsible for
payroll management and oversight,
including printing checks and creating invoices.
Dodson admitted in an interview with investigators that she
had been preparing fraudulent invoices and checks made
payable to her mother, Elizabeth Roberts, and her
brother-in-law, Jimmy Dodson, both of whom were occasionally
employed at SCHA. Libby Dodson admitted that the checks made
out to her mother were not in compensation for any work done.
Libby Dodson deposited and cashed the checks made out to
Roberts herself, using the money for personal use, such as to
cover her monthly bills. Libby Dodson did so without
Roberts's knowledge or ...