Professional Documents
Culture Documents
No. 14-4684
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00260-MOC-DSC-3)
Submitted:
Decided:
February 3, 2016
PER CURIAM:
Anthony
conspiracy
371,
Carrothers
to
1344
commit
was
bank
(2012),
and
convicted
fraud,
aiding
after
in
jury
violation
and
abetting
of
trial
18
bank
of
U.S.C.
fraud,
in
On appeal, Carrothers
allowing
him
to
call
codefendant
Gregory
Anderson
as
front
of
the
jury.
We
review
the
district
courts
conclude
discretion.
that
the
district
court
did
not
abuse
its
Carrothers
asserts
that
the
Government
committed
jury
third
superseding
2
indictment
after
jury
was
selected, but not empaneled, and the district court had denied
the
Governments
motion
to
redact
the
second
superseding
Because
United States v.
Alerre, 430 F.3d 681, 689 (4th Cir. 2005) (applying plain error
standard to prosecutorial-misconduct claim); see United States
v. Obey, 790 F.3d 545, 547 (4th Cir. 2015) (setting forth plain
error standard).
We conclude that Carrothers cannot show error, let alone
plain error.
has
superseding
upheld
the
indictment
empaneling it.
governments
after
United States v.
selecting
in
jury
obtaining
but
prior
a
to
immunity to testify.
We review a
Id.
Substantial evidence is
marks omitted).
To
violation
. . . an
crime[]
establish
of
18
U.S.C.
agreement
and
Carrothers
371,
between
.
an
was
two
overt
guilty
the
or
act
of
conspiracy
Government
more
in
people
must
to
furtherance
in
prove
commit
of
the
conspiracy, United States v. Cone, 714 F.3d 197, 213 (4th Cir.
2013) (internal quotation marks omitted), as well as Carrothers
willing participation in the conspiracy to commit bank fraud,
United States v. Tucker, 376 F.3d 236, 238 (4th Cir. 2004); see
4
United States v. Adepoju, 756 F.3d 250, 255 (4th Cir. 2014)
(stating elements of bank fraud under 18 U.S.C. 1344:
the
defendant
artifice
to
executed
knowingly
defraud
scheme
executed
to
financial
obtain
or
attempted
institution
property
held
scheme
[or
by
(1)
or
knowingly
financial
with
intent
to
defraud,
and
(3)
the
institution
was
To establish Carrothers
was guilty of aiding and abetting bank fraud, the Government was
required
to
establish
he
(1)
[took]
an
affirmative
act
in
Carrothers
added
codefendant
Maria
Herrera,
woman whom he did not know, to his bank account and procured a
check that she used to purchase a home.
the money was not hers and that she did not have the necessary
funds to purchase the home.
on
his
account.
Carrothers
admitted
that
he
knew
his
The
evidence
check-cashing
also
established
establishment
5
with
that
Carrothers
Anderson
and
The evidence
We therefore conclude
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED