UNITED STATES v. LEPORE (2018)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Anthony LEPORE, Defendant-Appellant.

No. 17-10222

Decided: March 22, 2018

Before WILSON and BLACK, Circuit Judges, and SCHLESINGER,* District Judge.

Kamal Ghali, John Andrew Horn, Jamie L. Mickelson, Cynthia Smith, Lawrence R. Sommerfeld, U.S. Attorney's Office, Atlanta, GA, for Plaintiff-Appellee Paul Stephen Kish, Kish & Lietz, PC, Atlanta, GA, for Defendant-Appellant

Following a jury trial, Appellant was convicted of conspiracy to commit honest services fraud in violation of 18 U.S.C. § 1349; honest services fraud in violation of 18 U.S.C. §§ 1341, 1346, and 2; and federal funds bribery in violation of 18 U.S.C. § 666(a)(2) and 2. Appellant appeals his convictions, alleging: (1) there was insufficient evidence that he, the CEO of Rite Way Service Inc., knew of and willfully joined in the plan to bribe Patrick Jackson, a public official; (2) there was insufficient evidence that Jackson performed “official acts” in exchange for these bribes; (3) the District Court’s use of the deliberate ignorance jury instruction was harmful error; and (4) the District Court improperly applied a four-level enhancement under USSG § 2Cl.l(b)(3).

After a thorough review of the briefs, record, and having had the benefit of oral argument, we reject Appellant’s arguments and affirm his convictions and sentence.

AFFIRMED.

PER CURIAM:

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