Thursday, June 09, 2005

Conviction Upheld

The U.S. Court of Appeals ruled in favor of the goverment today in the case of USA v. Jay Charles Wantland, who was sentenced to four years and nine months in federal prison without parole after being convicted by a trial jury in a nearly $260,000 fraud scheme that involved a bank construction loan and a credit card account. Here's our news release.

The court ruled that the evidence at trial was sufficient to support Wantland's bank fraud conviction under an aiding and abetting theory; evidence was also sufficient to support the bank fraud conviction of Wantland's co-defendant (and wife) Suzanne M. Keisling for either a scheme to defraud or a scheme to obtain money by false or fraudulent representations; applying Pirani's plain error analysis, defendant Keisling was not entitled to Booker relief as the district court's imposition of an identical alternative sentence establishes the court would not have imposed a lesser sentence under Booker.

Here's the court's published opinion.