United States Fifth Circuit

Conviction for theft from an employee benefit plan is affirmed where: 1) the district court correctly excluded defendant's expert witness testimony as irrelevant and inaccurate as a matter of law; 2) submission of a jury instruction was not error since defendant's counsel raised the issue covered by the instruction; 3) the combined exclusion of defendant's expert witness testimony and the jury instruction did not deprive defendant of his constitutional right to have a jury determine his guilt on every element of the crime charged; and 4) the district court did not err in submitting another jury instruction since the evidence supported the instruction's inclusion.

Appellate Information

• Decided 02/18/2009
• Published 02/18/2009

Judges

• RODRIGUEZ, District Judge:, Before SMITH and SOUTHWICK, Circuit Judges, and RODRIGUEZ, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Marc Woodson Barta (argued), Charles William Brown, Dallas, TX, for U.S., William A. Bratton, III (argued) (Court-Appointed), Dallas, TX, for Wofford.