United States Eighth Circuit

A licensed real estate broker's conviction and sentence for mail fraud and wire fraud is affirmed in part over claims: 1) that the trial judge's failure to inform the parties that his wife's first cousin was a government witness seriously affected the fairness and integrity of his trial; 2) that the trial judge should have recused himself prior to sentencing; 3) that the district court erred in refusing to hold an evidentiary hearing on a potential conflict of interest; 4) that there was insufficient evidence to support the verdict and that the verdict was contrary to the weight of the evidence; and 5) challenging evidentiary rulings. Defendant's sentence is affirmed over various challenges, but an award of restitution is vacated and remanded as defendant should have been credited a greater amount for certain repairs made to property.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• BEAM, Circuit Judge., Before WOLLMAN, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alfredo Parrish, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• William C. Purdy, Asst. U.S. Atty., argued, Des Moines, IA, for appellee.