United States Eighth Circuit

Conviction and sentence for aggravated identity theft and related crimes is affirmed where: 1) the evidence was sufficient to support defendant Strothers' conviction for engaging in a loan fraud conspiracy; 2) the district court did not err in denying defendant a minor role reduction, in calculating the amount of loss attributable to him, and in imposing various sentencing enhancement; 3) the evidence was sufficient to support defendant Liwaru's conviction for conspiracy to defraud the United States; 4) the court erred in allowing the jury to see an exhibit which was not introduced at trial, but its admission did not affect the outcome of the case; 5) supplemental jury instructions given in response to a jury question were specific and neutral and were not error; 6) the court did not err in imposing various enhancements to defendant Liwaru's sentence; 7) defendant Jenkins-Watts' Speedy Trial Act rights were not violated, and the court did not err in denying her motion to sever her case; 8) the court did not err in denying her motion to supress evidence as statements she gave to bank personnel were not taken in violation of her Miranda rights; 9) the indictment was sufficient to charge Jenkins with aggravated identity theft, and the evidence was sufficient to support her conviction.

Appellate Information

• Decided 08/04/2009
• Published 08/04/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elle J. Sullivant, Independence, MO, argued, for appellant Jenkins-Watts., Floyd A. White, Jr., Kansas City, MO, argued, for appellant Liwaru., Elizabeth Unger Carlyle, Columbus, MS, argued, for appellant Strother.


• For Appellees:
  
• John E. Cowles, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.