United States Sixth Circuit

A conviction and sentence for mail fraud and aggravated identity theft is affirmed over claims that: 1) there was a Speedy Trial Act violation; 2) evidence was unlawfully seized from his vehicle incident to a warrantless arrest without probable cause; 3) the district court erred in refusing to appoint standby counsel to assist his pro se defense at trial; 4) the district court failed properly to exercise its discretion under Fed. R. Crim. P. 16 to grant adequate remedies for alleged discovery violations by the government; 5) the government failed to provide timely notice under Fed. R. Evid. 902(11) of its intent to offer certain records into evidence; 6) the evidence was insufficient to support a conviction; and 7) the district court erred in sentencing him on one count in finding the amount of intended loss from his actions to be around $811,000.

Appellate Information

• Decided 10/15/2008
• Published 10/15/2008

Judges

• Before:  MOORE and COLE, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  William Lee Deneke, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  David L. Cooper, The Law Office of David L. Cooper, Nashville, Tennessee, for Appellant.  William Lee Deneke, Assistant United States Attorney, Nashville, Tennessee, for Appellee.