US v. Smith

Filing 920100503

Opinion

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var WPFootnote1 = 'No juror had admitted a juvenile conviction, but one--whom\
defense counsel ultimately struck--had admitted to being\
"criminally charged with vandalism and work[ing] through that as a\
kid" 26 years earlier. Another had been accused and acquitted of\
arson at age 18.\
'

var WPFootnote2 = 'Smith\'s motion for judgment of acquittal appears to have\
aimed at all of these counts, but Smith\'s brief on appeal focuses\
on the conspiracy. Nothing in his brief disputes the evidence for\
his conviction on four counts of filing false tax returns and on\
one count of bank fraud. The tax counts were for failing to report\
the income that the government claimed he had embezzled; the bank\
fraud concerned unrelated matters.\
'

var WPFootnote3 = 'For example, Smith used money from his negative balance Wells\
account to pay for a sauna for his and Aranjo\'s home and wrote\
checks for hundreds of thousands of dollars from the negative\
balance D.A.T. Construction account, some made out to himself.\
'

var WPFootnote4 = 'Seemingly the jury\'s attention had already been drawn to the\
statement without objection during preliminary questions to\
Thibault, and the report itself was admitted into evidence without\
objection and was therefore available to the jury in any event.\
'

var WPFootnote5 = 'See United States v. Olano, 507 U.S. 725, 734-36 (1993);\
United States v. Cotton, 535 U.S. 625, 632 (2002); Ziskind, 491\
F.3d at 14.\
'

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