United States v. Odiase

312 F. Supp. 3d 432
CourtDistrict Court, S.D. Illinois
DecidedJune 12, 2018
Docket16–cr–587 (SHS)
StatusPublished
Cited by1 cases

This text of 312 F. Supp. 3d 432 (United States v. Odiase) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Odiase, 312 F. Supp. 3d 432 (S.D. Ill. 2018).

Opinion

Sidney H. Stein, U.S.D.J.

On March 8, 2018, a jury convicted Rachell Odiase of the felonies of money laundering, conspiracy to commit money laundering, and engaging in a monetary transaction in property derived from specified unlawful activity pursuant to 18 U.S.C. §§ 1956(a)(1)(B)(i), 1956(h), and 1957, respectively; she was acquitted of identity theft and conspiracy to commit wire fraud. During the trial, the jury heard evidence that Odiase was involved in a fraud whereby someone posed as a law enforcement official and repeatedly pressed an elderly victim to transfer large sums of cash by presenting a wholly fabricated story about her grandchild being in serious legal peril having been discovered with drugs in his apartment. (Trial Tr. ("Tr.") 28-30.) The victim transferred $300,000; $50,000 of that sum was deposited into Odiase's bank account by a participant in the scheme; and Odiase transferred that $50,000 out of her account and into an account at a different bank which was also in her name. According to Odiase, she believed at all relevant times that the $50,000 was proceeds from the sale of her inventory of goods to a foreign buyer.

Odiase has now moved for a new trial pursuant to Federal Rule of Criminal Procedure 33. (ECF No. 119.) She contends *434that she is entitled to a new trial because (1) the evidence presented at trial was insufficient to convict her; (2) the Court erred by allowing the jury to watch only government-selected excerpts of a video recording of Odiase's police interview, rather than allowing Odiase to play the entire video to the jury; and (3) the government improperly shifted onto Odiase the burden to prove her own innocence.

The grant of a new trial is within the "broad discretion" of the Court and is reserved for only "the most extraordinary circumstances." United States v. Ferguson, 246 F.3d 129, 133-34 (2d Cir. 2001) (quoting United States v. Sanchez, 969 F.2d 1409, 1413 (2d Cir. 1992) ); United States v. White, No. 10-Cr-516, 2011 WL 2207566, at *4 (S.D.N.Y. May 31, 2011). In order to succeed on her motion, Odiase must demonstrate that it would be "manifest injustice" to let the guilty verdict stand. Ferguson, 246 F.3d at 134 ; White, 2011 WL 2207566, at *4. Because the Court perceives no error, let alone one amounting to manifest injustice, Odiase's motion for a new trial is denied.1

I. THERE IS NO LACK OF SUFFICIENT EVIDENCE TO SUPPORT THE COUNTS OF CONVICTION

Odiase first contends she is entitled to a new trial because the evidence was insufficient to find her guilty of any of the three counts on which she was convicted. Odiase's motion seeking a new trial is expressly grounded in Federal Rule of Criminal Procedure 33, although her papers cite language and authorities applicable to a Rule 29 motion for judgment of acquittal. See Fed. R. Crim. P. 29(a). In its opposition brief, the government treats the portion of Odiase's motion that contends the evidence was insufficient as pursuant to Rule 29. Like Odiase, the Court will treat her motion as pursuant to Rule 33, but look to Rule 29 law to decide whether the evidence was in fact sufficient to convict Odiase. The Court finds that the evidence was sufficient, and it would not be manifest injustice to let the guilty verdict stand. Indeed, there was more than adequate evidence supporting each count of conviction.

In considering a challenge to the sufficiency of the evidence to sustain a conviction, the Court "review[s] all of the evidence presented at trial 'in the light most favorable to the government, crediting every inference that the jury might have drawn in favor of the government.' " United States v. Walker, 191 F.3d 326, 333 (2d Cir. 1999) (quoting United States v. Hernandez, 85 F.3d 1023, 1030 (2d Cir. 1996) ); see United States v. Espaillet, 380 F.3d 713, 718 (2d Cir. 2004). Mindful that "courts must be careful to avoid usurping the role of the jury," Espaillet, 380 F.3d at 718 (quoting United States v. Jackson, 335 F.3d 170, 180 (2d Cir. 2003) ), the Court will not disturb the conviction "so long as 'any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " Walker, 191 F.3d at 333 (internal quotation marks omitted) (quoting United States v. Tocco, 135 F.3d 116, 123 (2d Cir. 1998) ).

To convict Odiase of the three counts of conviction, the Court instructed the jury as to the essential elements that it needed to find beyond a reasonable doubt.

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340 F. Supp. 3d 388 (S.D. Illinois, 2018)

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Bluebook (online)
312 F. Supp. 3d 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-odiase-ilsd-2018.