UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
OSCAR REINA, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that reliance or actual deception is not an element of the offense under 18 U.S.C. § 2314, and a prosecutor's inadvertent quote from a rejected jury instruction, without objection or request for correction, does not constitute reversible error.
Appellant was convicted by a jury of violating 18 U.S.C. § 2314. The evidence supporting the scheme to defraud and interstate travel was not challenge…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Error cases and more on FLexlaw
PER CURIAM:
Appellant was found guilty by a jury of violating 18 U.S.C. § 2314 on three occasions. Section 2314 provides, in relevant part:
“Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transports or causes to be transported, or induces any person to travel in, or be transported in interstate commerce in the execution or concealment of a scheme or artifice to defraud that person of money or property having a value of $5,000 or more
**
Shall be fined not more than $10,-000 or imprisoned not more than ten years, or both.”
No attack is made on the sufficiency of the evidence to support the jury’s conclusion that appellant engaged in a scheme to defraud and, in the execution of that scheme, induced victims to travel in interstate commerce. Instead, appellant contends that the district' court erred in refusing his “civil fraud” instruction and, in particular, that the Government was required to prove that each of the victims relied on the false representations and was deceived by them.
The district court correctly rejected the proffered instruction. Reliance or actual deception is not an element of the Government’s case under Section 2314. What the statute prohibits is (1) the devising of a scheme or artifice to defraud or obtain money by false pretenses or representations and (2) causing or inducing an intended victim to travel in interstate commerce with intent to defraud that person of money or property having a value of $5,000 or more. Cases under the Mail Fraud Statute, 18 U.S.C. § 1341, which prohibits the devising of a scheme or ar tifice to defraud and use of the mails in connection therewith, make this conclusion clear. See, e. g., United States v. Gross, 416 F. 2d 1205, 1209-1210 (8th Cir. 1969); New England Enterprises, Inc. v. United States, 400 F. 2d 58, 72 (1st Cir. 1968); United States v. An-dreadis, 366 F. 2d 423, 431 (2nd Cir. 1966); Hoffman v. United States, 249 F. 2d 338, 341 (9th Cir. 1957). Cf., Per-eira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954).
Appellant also contends that reversible error was committed when the prosecutor, during his closing argument, inadvertently quoted from a proposed jury instruction which had previously been rejected by the court. No objection was taken at the time the quote was made, and when appellant did object after the jury had retired, no request was made to bring the jury back or otherwise correct the error, which could have easily been done. Under these circumstances, we conclude that the point was waived. Rule 51, F.R.Crim.P. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Federbush, 625 F.2d 246 (9th Cir. 1980)
-
United States v. Edwards, 516 F.2d 913 (8th Cir. 1975)
-
United States v. Biggs, 761 F.2d 184 (4th Cir. 1985)
Authorities Cited
- Pereira v. United States, 347 U.S. 1 (U.S. 1954)
- NEW England Enters., Inc. v. United States, 400 F.2d 58 (1st Cir. 1968)
- United States v. Gross, 416 F.2d 1205 (8th Cir. 1969)
- United States v. Andreadis, 366 F.2d 423 (2d Cir. 1966)
- Hoffman v. United States, 249 F.2d 338 (9th Cir. 1957)