United States Sixth Circuit

A municipal court judge defendant's convictions for mail fraud, using fire to commit mail fraud, and related counts arising from a scheme to collect insurance proceeds from the burning down of his home are affirmed over claims that: 1) insufficient evidence supported the convictions; and 2) defects in the indictment and improper constructive amendments mandate reversal of convictions; 3) convictions for using fire to commit mail fraud were error as defendant used mails to commit the fraud, not fire; 4) a Commerce Clause challenge; 5) certain recorded conversations violated his Sixth Amendment right to counsel; and 6) a forfeiture ordered at a sentencing hearing was unenforceable and violated his Sixth Amendment rights.

Appellate Information

• Decided 06/22/2007
• Published 06/22/2007

Judges

• Before:  MERRITT, DAUGHTREY, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David J. Graeff, Westerville, Ohio, for Appellant.   Michael A. Rotker, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  David J. Graeff, Westerville, Ohio, for Appellant.  Michael A. Rotker, United States Department of Justice, Washington, D.C., Kevin W. Kelley, David M. DeVillers, Assistant United States Attorneys, Columbus, Ohio, for Appellee.