hebshi v united states
358. The letter advised Defendant that his refusal to cooperate in the investigation and settlement of his claim could provide Commerce with an independent basis to deny his claim.Defendant retained an attorney. When Defendant asked “how quick he could get payment,” Rolashevich responded that the claim had been assigned to an independent adjusting firm, Certuse Adjustment, Inc. (Certuse), which would contact Defendant about investigating and processing his claim.
If the district court had merely summarized the statutory elements without defining them nothing would likely have been amiss. Moss, 591 F.2d at 436.
See United States v. Koen, 982 F.2d 1101, 1107 (7th Cir.1992). Pimental, 380 F.3d at 587. We consider each argument in turn. Ultimately, Commerce declined Defendant's claim, but the record is unclear on the specific grounds.At trial, the Government presented evidence that Defendant's business was financially failing and sought to have the jury infer that he had burned down the Lottery & News Store to collect on a $30,0000 insurance policy after attempting unsuccessfully to sell the business. But the Rolashevich letter had a sufficient “connection or relationship” to the claims process. The court told the jury to interpret its summary of the elements as an “outline” and its more specific descriptions as definitions.
See, e.g., United States v. Gibney, 519 F.3d 301, 304 (6th Cir.2008); United States v. Gillespie, 452 F.3d 1183, 1191 (10th Cir.2006); United States v. Uphoff, 232 F.3d 624, 626 (8th Cir.2000); United States v. Zendeli, 180 F.3d 879, 881 (7th Cir.1999). 1 ¶ 12.) 358, we cannot help but conclude that the instruction deviated from the clear legal definition of mail fraud. The Government's argument that a jury would likely ignore this error merely because of other statements of summation ignores “the almost invariable assumption of the law that jurors follow their instructions.” Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. The district court also ordered the Defendant to pay restitution in the amount of $621,389.98.Defendant made a timely appeal, alleging (1) the Rolashevich and Dugan letters were insufficient to support his mail fraud convictions because they did not further his scheme to collect fraudulently on his insurance policy; (2) the district court clearly erred in instructing the jury on an essential element of the mail fraud counts; and (3) the district court erroneously concluded that the crime of arson carried a five-year mandatory-minimum term of imprisonment.We first consider whether the Government presented sufficient evidence for the jury to conclude that the Rolashevich and Dugan letters furthered Defendant's fraudulent scheme.
1443, 103 L.Ed.2d 734 (1989). Hebshi was held in a jail cell, forced to submit to a humiliating strip-search, and detained for hours. We conclude that the structure of § 844(i) compels this reading. At trial, Defendant focused exclusively on rebutting the arson charge and the existence of a scheme to defraud his insurance provider. Four letters were mailed between the insurance company and its agents in the course of the investigation.
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