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U.S. v. SIMS

Nos. 02-2092, 02-2781.

329 F.3d 937 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Donald SIMS and David Lambertsen, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided May 29, 2003.

Attorney(s) appearing for the Case

Lovita Morris King (argued), Office of U.S. Attorney, Hammond, IN, for U.S.

David Dana (argued), Northwestern University School, Chicago, IL, for Donald Sims.

Robert D. Truitt (argued), Indiana Federal Community Defenders, Inc., for David Lambertsen.

Before BAUER, EASTERBROOK, and WILLIAMS, Circuit Judges.

BAUER, Circuit Judge.

A jury convicted Defendants Donald Sims and David Lambertsen of conspiracy to commit mail fraud after acquitting them of the underlying charges of mail fraud. The district court sentenced Sims to fifty-five months' imprisonment and Lambertsen to sixty months' imprisonment and ordered both to pay restitution. Sims appeals only the supplemental jury instruction issued by the district court concerning the proper standard of intent for conspiracy...

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