Académique Documents
Professionnel Documents
Culture Documents
No. 14-4037
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:11-cr-00084-MR-DLH-1)
Submitted:
Decided:
PER CURIAM:
A
jury
convicted
Mario
Clotinho
Gomes
of
conspiracy
to
The
district
court
sentenced
him
to
52
months
We affirm.
60, 80 (1942); see United States v. Wynn, 684 F.3d 473, 477-78
(4th
Cir.
2012)
(discussing
elements
of
wire
fraud);
United
States v. Moussaoui, 591 F.3d 263, 296 (4th Cir. 2010) (setting
forth
elements
evidence
that
of
a
conspiracy).
reasonable
finder
Substantial
of
fact
evidence
could
accept
is
as
guilt
beyond
reasonable
doubt.
Howard,
773
F.3d
at
525
knew
that
coconspirator
fraudulent.
the
invoices
testified
that
were
fraudulent.
Gomes
knew
However,
the
invoices
were
evidence
that
some
of
of
guilt).
the
work
Moreover,
billed
on
other
the
testimony
invoices
was
misrepresentations
to
Williams
business
were
material
because the company did not pay the fraudulent invoices based on
his approval alone, but also had the invoices verified by a
consultant.
business
would
not
have
made
the
payments
had
Gomes
not
See
id.
Thus, the district court did not err in denying Gomes Rule
29 motion.
Next, Gomes argues that the district court violated his
Sixth Amendment right to a jury trial by judicially finding the
loss amount rather than by submitting this question to the jury.
We conclude that the district court did not plainly err in this
regard.
27
(2013)
(discussing
standard
of
review).
It
is
well
Guidelines
range
by
preponderance
of
the
v. Valdez, 739 F.3d 1052, 1054 (7th Cir. 2014), cert. denied,
134 S. Ct. 2314 (2014).
Finally,
Gomes
asserts
that
the
district
court
he
was
terminated
from
his
employment
with
Williams
amounts
rather
than
attributing
4
them
solely
to
coconspirator.
18 U.S.C.
Seignious,
757
F.3d
155,
161
(4th
Cir.
United States
2014)
(internal
directly
fraudulent
invoices.
caused
To
all
the
of
Williams
extent
Gomes
This
losses
from
the
contends
that
the
(2012),
we
see
no
defect
in
the
district
courts
analysis.
it
explicitly
discuss
each
of
them).
Therefore,
we
conclude that the district court did not abuse its discretion in
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED