United States Sixth Circuit

Defendant's conviction for making and subscribing a false document when he provided a false Social Security number on at least 965 W-2Gs that were provided to him each time he won at least $1,200 at various Detroit-area casinos is affirmed where: 1) because defendant never claimed a good-faith belief that his true Social Security number was not legally required of him, Cheek v. US did not require that the district court give an instruction on good-faith belief; 2) defendant's contention that district court erred by not instructing the jury on the definition of willfulness is without merit; and 3) the record is not sufficiently developed to warrant resolution of defendant's ineffective-assistance claim on direct appeal.

Appellate Information

• Argued 10/13/2009
• Decided 12/28/2009
• Published 12/28/2009

Judges

• Before: O'CONNOR, Associate Justice; GILMAN and GIBBONS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard M. Lustig, Richard M. Lustig Law Office, Birmingham, Michigan, for Appellant. Jeffrey Bryan Wall, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF:Richard M. Lustig, Richard M. Lustig Law Office, Birmingham, Michigan, for Appellant. Jeffrey Bryan Wall, United States Department of Justice, Washington, D.C., for Appellee.