Professional Documents
Culture Documents
No. 15-4107
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:12-cr-00239-GCM-DCK-24)
Submitted:
Decided:
January 6, 2016
PER CURIAM:
Denetria
conspiracy
Myles
to
was
violate
convicted
the
after
Racketeer
jury
Influenced
trial
and
of
Corrupt
On appeal, Myles
her
first
contends
motion
in
We affirm.
that
limine
the
to
district
exclude
court
evidence
erred
that,
in
she
United
277, 284 (4th Cir. 2013) (internal quotation marks omitted); see
JTH Tax, Inc. v. H&R Block E. Tax Servs., 359 F.3d 699, 705 (4th
Cir. 2004).
1126-27
(2013)
(discussing
plain
error
standard).
We
the
notarization
challenged
of
concluded
that,
intended
to
conspiracy.
multiple
in
revealed
signatures,
light
defraud
evidence
of
with
the
the
and
Myles
the
jury
evidence
against
purpose
of
fraudulent
reasonably
Myles,
furthering
she
the
unfairly prejudicial.
the
evidence
was
favorable
to
her,
material,
in
the
request.
2015)
(discussing
elements
necessary
to
establish
Brady
violation).
Finally, Myles challenges the district courts denial of
her motion to dismiss for lack of subject-matter jurisdiction.
This [c]ourt reviews de novo a district courts decision on a
motion
to
dismiss
for
lack
of
subject
matter
jurisdiction.
Durden v. United States, 736 F.3d 296, 300 (4th Cir. 2013).
Section
3231
subject-matter
prosecutions.
of
Title
18
of
the
jurisdiction
in
United
States
all
Code
federal
confers
criminal
This unquestionably
United States v.
While a banks
prove
at
trial
that
essential
element
does
not
thereby
(9th Cir. 2003); accord United States v. Carr, 271 F.3d 172, 178
(4th Cir. 2001) (holding that whether jurisdictional element of
criminal offense is demonstrated in an individual circumstance
4
[D]efects
in
case
the
(internal
quotation
governments
evidence
marks
omitted)).
regarding
banks
even
assuming
the
Government
failed
to
prove
the
Additionally, as the
28
U.S.C.
1331
(2012),
which
governs
federal-question
Moreover, to the
meritless.
constituting
Government
the
Myles
insurance
presented
stipulation
element
evidence
at
of
admitted
bank
trial
the
fraud,
and
establishing
facts
the
the
courts
judgment.
We
dispense
with
oral
argument
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED