United States v. Edna Gorham-Bey

419 F. App'x 185
CourtCourt of Appeals for the Third Circuit
DecidedMarch 22, 2011
Docket09-1530
StatusUnpublished

This text of 419 F. App'x 185 (United States v. Edna Gorham-Bey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Edna Gorham-Bey, 419 F. App'x 185 (3d Cir. 2011).

Opinion

OPINION

CHAGARES, Circuit Judge.

Appellant Edna Gorham-Bey (“Gor-ham-Bey”) was convicted following a jury trial and now appeals the sufficiency of the evidence supporting her conviction. We will affirm.

I.

We write for the parties’ benefit and recite only the facts essential to our disposition. Because this appeal comes to us following a jury’s guilty verdict, we set forth the facts in the light most favorable to the Government.

On December 19, 2007, a grand jury in the Western District of Pennsylvania returned a one-count indictment charging Gorham-Bey with conspiracy to defraud the Government, in violation of 18 U.S.C. § 286. Specifically, the indictment charged that Gorham-Bey engaged in a scheme whereby she, inter alia, (1) provided various prison inmates incarcerated at SCI-Pittsburgh with false addresses to use in filing fictitious federal tax returns; (2) deposited checks that she collected based on those returns in a bank account that she controlled; and (3) ultimately distributed the profits between herself and her co-conspirators. See Appendix (“App.”) at 9-12.

On October 30, 2008, Gorham-Bey entered a plea of not guilty to the indictment. A unanimous jury subsequently convicted her after a two-day trial that concluded on November 3, 2008. On February 13, 2009, the District Court sentenced Gorham-Bey to a term of fifteen months of imprisonment and three years of supervised release. The District Court also ordered Gorham-Bey to pay $7,683.14 in restitution. This appeal followed.

II.

The District Court had jurisdiction under 18 U.S.C. § 3231, and we have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291.

We exercise plenary review over Gorham-Bey’s sufficiency challenge. United States v. Bornman, 559 F.3d 150, 152 (3d Cir.2009). “ ‘The burden on a defendant who raises a challenge to the sufficiency of the evidence is extremely high.’ ” United States v. Iglesias, 535 F.3d 150, 155 (3d Cir.2008) (quoting United States v. Lore, 430 F.3d 190, 203-04 (3d Cir.2005)). The Court “ ‘must consider the evidence in the light most favorable to the [Government and affirm the judgment if there is substantial evidence from which any rational trier of fact could find guilt beyond a reasonable doubt.’ ” Id. (quoting Lore, 430 F.3d at 204). The Government may meet its evidentiary burden “entirely through circumstantial evidence,” United States v. Bobb, 471 F.3d 491, 494 (3d Cir.2006), and a reviewing court “must credit ‘all available inferences in favor of the [Government,’ ” United States v. Sparrow, 371 F.3d 851, 852 (3d Cir.2004) (quoting United States v. Gambone, 314 F.3d 163, 170 (3d Cir.2003)). “[T]he evidence need not unequivocally point to the defendant’s guilt as long as it permits a finding of guilt beyond a reasonable doubt.” United *187 States v. Davis, 188 F.3d 231, 238 (3d Cir.1999). This deferential standard thus places a very heavy burden on a convicted defendant to demonstrate that there is insufficient evidence to support her conviction. United States v. Rawlins, 606 F.3d 73, 80 (3d Cir.2010).

III.

As noted, a unanimous jury convicted Gorham-Bey of conspiring to defraud the United States, in violation of 18 U.S.C. § 286. That statute outlaws “any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim.” 18 U.S.C. § 286. “To prove a defendant guilty of violating 18 U.S.C. § 286, the Government must establish: (1) that there was a conspiracy to defraud the United States; (2) that the defendant knew of the conspiracy and intended to join it; and (3) that the defendant voluntarily participated in the conspiracy.” United States v. Okoronkwo, 46 F.3d 426, 430 (5th Cir.1995). Furthermore, “where, as here, it is alleged that the conspirators agreed to make false statements or representations as part of the conspiracy, ... Section 286 ... require[s] proof that the conspirators agreed that these statements or representations would have a material effect on the decision to pay a false, fictitious, or fraudulent claim.” United States v. Saybolt, 577 F.3d 195, 204 (3d Cir.2009).

On appeal, Gorham-Bey challenges the sufficiency of the evidence in regard to the second and third elements of 18 U.S.C. § 286. Gorham-Bey concedes that the evidence proved a conspiracy to defraud the Government through the filing of false tax returns, but posits that there was insuffiment evidence produced at trial to establish that she knew of, intended to join, and participated in that conspiracy. Cf. Gor-ham-Bey Br. at 17 (“Although the [Government established that certain individuals did participate in such a scheme, they did not establish that Ms. Gorham-Bey was part of that scheme.”).

We disagree. As an initial matter, Gor-ham-Bey disingenuously argues that “[t]he sum total of the evidence that brought [her] into the mix was the fact that her address was found throughout the investigation.” Id. at 18 (emphasis added). This is simply false, and ignores the fact that the trial record is replete with letters written by Gorham-Bey to her fellow co-conspirator George Brooks (“Brooks”). 1 Gor-ham-Bey’s argument on appeal is thus predicated on a partial assessment of the evidence. When the trial record is viewed in its entirety, however, there is substantial evidence from which a reasonable juror could conclude that Gorham-Bey was part of the scheme to defraud the Government by filing false tax returns.

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Related

United States v. Okoronkwo
46 F.3d 426 (Fifth Circuit, 1995)
United States v. Rawlins
606 F.3d 73 (Third Circuit, 2010)
United States v. Gaylord Sparrow
371 F.3d 851 (Third Circuit, 2004)
United States v. Sherman Bobb
471 F.3d 491 (Third Circuit, 2006)
United States v. Saybolt
577 F.3d 195 (Third Circuit, 2009)
United States v. McKee
506 F.3d 225 (Third Circuit, 2007)
United States v. Iglesias
535 F.3d 150 (Third Circuit, 2008)
United States v. Bornman
559 F.3d 150 (Third Circuit, 2009)
United States v. Lore
430 F.3d 190 (Third Circuit, 2005)

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Bluebook (online)
419 F. App'x 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-edna-gorham-bey-ca3-2011.