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US v. Flonnory, No. 10-6037

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By FindLaw Staff on January 10, 2011 3:01 PM

Fraud Conviction Affirmed

In US v. Flonnory, No. 10-6037, the court affirmed defendant's conviction for obtaining money through false pretenses, holding that 1) the government presented enough evidence at trial for a rational juror to conclude beyond a reasonable doubt that the transfer of the check at issue occurred on U.S. land; 2) the district court did not abuse its discretion in refusing to give the jury an additional instruction on speculation; and 3) any error in the calculation of defendant's Guidelines range was harmless.

As the court wrote:  "After a jury trial in the United States District Court for the Western District of Oklahoma, Defendant Lonnie J. Flonnory was convicted of five counts of obtaining money through false pretenses under the Assimilative Crimes Act, see 18 U.S.C. § 13, applying Okla. Stat. tit. 21, § 1541.1 (2002). On appeal he challenges his conviction on one of the counts, arguing that the government failed to prove that he had committed the offense on federal territory and that the district court failed to instruct the jury not to speculate about the location of the offense."

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