United States Fifth Circuit

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US v. McMillan, 08-31148

Defendant's wire and mail fraud convictions and sentences are affirmed where: 1) the superseding indictment did not broaden the charges against the defendants; 2) Cleveland's requirement that the object of the fraud be actual money or property in the hands of the victim was satisfied; 3) the district court gave an immediate curative instruction, in response to objections during the prosecutor's closing remarks, that the government bore the burden of proof and the defendants need not testify or prove anything; and 4) the district court did not clearly err by finding that defendants' business would have suffered catastrophic losses had it been closed rather then permitted to continue in operation and that the amount of loss attributable solely to the defendants could not be reasonably calculated.

Appellate Information

  • Decided 03/12/2010
  • Published 03/12/2010



  • United States Fifth Circuit