United States Eighth Circuit

Conviction and sentence for wire fraud affecting a financial institution, stemming from defendant's borrowing money under false pretenses from acquaintances she came to be familiar with through her job at a bank, is affirmed over claims that the court erred in: 1) denying her proposed jury instruction on "intent to defraud"; 2) determining the loss amount and restitution at sentencing; and, 3) denying her motion to strike surplusage from the indictment. Lastly, defendant contends that her conviction violates Apprendi v. New Jersey, 530 U.S. 466 (2000).

Appellate Information

• Decided 09/13/2007
• Published 09/13/2007

Judges

• NANGLE, District Judge., Before BYE and SMITH, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Angela L. Campbell, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Shannon Leigh Olson, AUSA, argued, Des Moines, IA (Kevin E. Vanderschel, AUSA, on the brief), for appellee.