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U.S. v. DANIEL

No. 01-4077.

329 F.3d 480 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph M. DANIEL, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 22, 2003.

Attorney(s) appearing for the Case

David A. Sierleja (briefed), United States Attorney, Matthew B. Kall (argued), United States Attorney, Cleveland, OH, for Plaintiff-Appellee.

Melissa W. Friedman (argued and briefed), Anthony F. Anderson (briefed), Roanoke, VA, for Defendant-Appellant.

Before CLAY and ROGERS, Circuit Judges; COFFMAN, District Judge.

OPINION

ROGERS, Circuit Judge.

A jury convicted Ralph M. Daniel, Jr. ("Daniel") of one count of wire fraud, in violation of 18 U.S.C. § 1343. Daniel now appeals, arguing that there was insufficient evidence of a "scheme" to defraud, or of his intent to defraud, or of a wire communication in furtherance of the scheme. Daniel also contends that the district court erred by refusing to instruct the jury that it should acquit him if it had a reasonable doubt...

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