United States v. Morris Fahnbulleh

752 F.3d 470, 410 U.S. App. D.C. 18, 94 Fed. R. Serv. 946, 2014 WL 2619820, 2014 U.S. App. LEXIS 11004
CourtCourt of Appeals for the D.C. Circuit
DecidedJune 13, 2014
Docket11-3045, 11-3047
StatusPublished
Cited by41 cases

This text of 752 F.3d 470 (United States v. Morris Fahnbulleh) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. 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. Morris Fahnbulleh, 752 F.3d 470, 410 U.S. App. D.C. 18, 94 Fed. R. Serv. 946, 2014 WL 2619820, 2014 U.S. App. LEXIS 11004 (D.C. Cir. 2014).

Opinion

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

Joe Bondo and Morris Fahnbulleh were charged with and convicted of several counts of fraud in connection with their work on a humanitarian aid program in Africa funded by an agency of the United States government. They seek reversal of their conviction, or failing that, vacation of their sentences, alleging various errors made by the district court in the trial proceedings. For the reasons stated herein, we affirm the judgment of the district court.

*474 BACKGROUND

The United States Agency for International Development (“USAID”) initiated a food aid program, known as a Food-for-Work program, for the African country of Liberia. Under the program, Liberian communities would provide labor to perform community projects such as digging wells and repairing roads, and laborers would receive food for their services. To implement the program, the USAID contracted with humanitarian organization Catholic Relief Services (“CRS”). CRS in turn subcontracted with another humanitarian organization, World Vision, which administered the program in three counties in Liberia through its federated organization, World Vision International (hereinafter collectively referred to as “World Vision”). Appellants Morris Fahnbulleh and Joe Bondo worked for World Vision on the USAID subcontract from 2005 to 2007. Bondo was a food monitor and Food-for-Work officer, and Fahnbulleh was the World Vision commodities manager in Liberia.

In 2009 Bondo and Fahnbulleh were arrested and charged with fraud allegedly committed on the Liberia Food-for-Work program. In particular, they were each charged with one count of conspiracy to defraud the United States (18 U.S.C. §§ 371, 2), one count of conspiracy to commit mail and wire fraud (18 U.S.C. §§ 1349, 2), four counts of mail fraud (18 U.S.C. § 1512(b)(1)), two counts of wire fraud (18 U.S.C. §§ 1343, 2), and four counts of false claims (18 U.S.C. §§ 287, 2). Bondo was further charged with two counts of witness tampering (18 U.S.C. § 1512(b)(1)). Fahnbulleh and Bondo were tried together by a jury. Fahnbulleh was convicted on all counts, while Bondo was acquitted on the conspiracy to commit mail fraud and wire fraud count, but convicted on the other charges. Both were sentenced by the district court to 142 months imprisonment.

Bondo and Fahnbulleh now appeal their convictions and sentences.

DISCUSSION

Between them, Bondo and Fahnbulleh make five main arguments on appeal: 1) they were denied a speedy trial; 2) the district court lacked subject matter jurisdiction and venue; 3) the district court erred by admitting two government exhibits into evidence; 4) the district court erred in denying a motion by Bondo for a mistrial; and 5) the district court improperly calculated Fahnbulleh’s and Bondo’s sentencing guidelines range. We discuss each argument below.

A. Speedy Trial

After investigating allegations that fraud had been committed by World Vision employees during the Liberia Food-for-Work program, federal authorities arrested Fahnbulleh and Bondo. Bondo was held for approximately seven months and Fahnbulleh approximately five months before being indicted. Both Bondo and Fahnbulleh argue that their cases should have been dismissed under the Speedy Trial Act (“STA”), 18 U.S.C. § 3161 et seq.

Appellants correctly point out that 18 U.S.C. § 3161(b) requires that “[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrest-ed____” However, the STA provides for exclusion of certain periods from this 30 day limit. At the time of Bondo’s and Fahnbulleh’s arrests (two months apart) in mid-2009, the government filed motions seeking to exclude periods of delay from the 30 day limit. In particular, the government requested delays pursuant to *475 § 3161(h)(8) of the STA, which excludes a period of time, “not to exceed one year,” from the 30-day period if the government has requested assistance in obtaining evidence from a foreign country. In support of its motions, the government attached a letter sent in early 2009 from the U.S. Department of Justice (“DOJ”) to the Liberian government, seeking documents relating to the alleged fraud in the Liberia Food-for-Work program. The district court granted the motions. In late 2009 Bondo and Fahnbulleh were indicted.

Fahnbulleh asserts that § 3161(h)(8)’s directive that the exclusion “not ... exceed one year” suggests that before an exclusion is granted the district court must determine on the record what time period would be in the interest of justice and how that would outweigh the interest of the defendant and the public in a speedy trial. Fahnbulleh argues that the district court undertook no such review, making it appear that any length of time, not exceeding one year, requires no further examination. He contends that he was seriously prejudiced in his long wait for indictment, including loss of employment and financial resources, and the anxiety, physical illness, and humiliation associated with prolonged detention. Fahnbulleh further contends that the balance of this prejudice against the government’s alleged need to await additional foreign evidence was not considered or addressed by the district court. Bondo makes arguments similar to Fahn-bulleh’s, contending that the district court was obligated to look behind the reasons for the government’s exclusion-of-time motion, requiring the government to set forth specific facts to warrant further extension, including detailed information about the status of the foreign evidence request, what actions the government had taken in the intervening months, what additional efforts it would make, and why an indictment could not be returned without the foreign evidence.

“We review a district court’s Speedy Trial Act determination de novo as to matters of law, and for clear error as to findings of fact.” United States v. Stubblefield, 643 F.3d 291, 294 (D.C.Cir.2011) (internal citation, quotation marks, and alteration brackets omitted). Here, the government requested, and the district court granted, an extension of time under the STA pursuant to 18 U.S.C. § 3161(h)(8), which provides:

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Bluebook (online)
752 F.3d 470, 410 U.S. App. D.C. 18, 94 Fed. R. Serv. 946, 2014 WL 2619820, 2014 U.S. App. LEXIS 11004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-morris-fahnbulleh-cadc-2014.