Documente Academic
Documente Profesional
Documente Cultură
No. 11-4331
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Roger W. Titus, District Judge.
(8:10-cr-00101-RWT-1)
Submitted:
Decided:
PER CURIAM:
A federal jury convicted Irvin Hannis Catlett, Jr., of
conspiracy to defraud the Internal Revenue Service, in violation
of
18
U.S.C.
preparation
7206(2)
of
abetting,
in
(2006);
false
(2006);
administration
371
of
tax
counts
returns,
and
corruptly
the
internal
violation
7212(a) (2006).
ten
of
18
in
of
aiding
violation
endeavoring
revenue
U.S.C.
to
laws
2
of
26
in
U.S.C.
obstruct
and
aiding
(2006),
26
the
the
and
U.S.C.
For the
argues
that
the
district
court
erred
in
abuse of discretion.
the
prejudiced
defendant
[his]
case
must
show
that
in
order
to
the
error
prevail.
specifically
Id.
at
739
We conclude
that the district court did not abuse its discretion in denying
Catletts requests.
Catlett
also
argues
that
the
Government
committed
To succeed on a claim
of
prosecutorial
governments
misconduct,
conduct
defendant
prejudicially
must
show
affected
his
that
the
substantial
United States v.
In reviewing a
claim
of
determine
prosecutorial
whether
misconduct,
the
conduct
so
we
review
infected
the
the
claim
trial
to
with
See
that there was error, that was plain, and that affected his
substantial rights.
Id.
the
fairness,
error
integrity
proceedings.
omitted).
unless
Id.
or
the
error
public
(internal
seriously
reputation
quotation
marks
affect[s]
the
of
judicial
and
citation
authorities and conclude that the district court did not commit
plain error in conducting voir dire.
In addition, we conclude
his
proposed
reasonable doubt.
jury
instruction
on
the
definition
of
to
Catlett
support
the
argues
that
conspiracy
there
was
conviction.
insufficient
We
review
of
the
evidence
faces
heavy
burden.
United
The
light
most
favorable
to
the
prosecution,
the
verdict
is
reasonable
finder
of
fact
could
accept
as
adequate
and
Furthermore,
the
[t]he
credibility
of
jury,
the
not
the
evidence
reviewing
and
court,
resolves
any
Reversal for
order
States,
existence
of
to
the
an
demonstrate
Government
agreement,
conspiracy
had
(2)
an
to
to
defraud
demonstrate
overt
act
by
the
(1)
one
the
of
the
United
States.
United
States
v.
Gosselin
World
Wide
Moving, 411 F.3d 502, 516 (4th Cir. 2005) (internal quotation
marks and citation omitted).
required
to
make
this
showing
through
direct
evidence
as
also
under
the
challenges
Sentencing
the
district
Guidelines.
courts
Specifically,
criminal
courts
district
history
category.
calculations
courts
under
legal
In
the
Guidelines,
conclusions
reviewing
de
novo
the
district
we
review
and
its
the
factual
the entire evidence, we are left with the definite and firm
conviction
that
mistake
has
been
committed.
Id.
at
631
U.S.
Sentencing
Guidelines
Manual
(USSG)
offense
impede
the
level
the
defendant
administration
prosecution
of
related
the
to
if
the
of
offense
conviction
Guidelines
specify
conduct.
See
USSG
that
justice
of
or
with
conviction
any
committing
3C1.1
attempted
cmt.
n.4(B).
obstruct
respect
and
relevant
perjury
to
that
to
or
the
conduct
conduct.
The
constitutes
such
In
addition,
in
a district court shall add three points for each prior sentence
of
imprisonment
4A1.1(a).
exceeding
one
year
and
one
month.
USSG
defendants
period.
USSG
incarceration
extended
4A1.1
n.1.
cmt.
into
Here,
this
the
fifteen-year
district
court
to
laws
obstruct
is
barred
the
by
administration
the
statute
of
of
the
internal
limitations.
As
In
7212(a),
order
the
1) corruptly;
to
prove
government
2)
must
endeavored;
3)
violation
prove
to
of
that
obstruct
26
the
or
U.S.C.[]
defendant:
impede
the
United States v.
Wilson, 118 F.3d 228, 234 (4th Cir. 1997) (internal quotation
marks
and
citation
omitted).
The
applicable
statute
of
act.
See
id.
at
236
(citing
26
U.S.C.
6531(6)
on this count.
We
therefore
further
affirm
deny
the
judgment
Catletts
motions
of
the
to
district
vacate
the
compel
production
of
the
record.
We
dispense
with
oral