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U.S. v. CUMMINGS

Nos. 03-2660, 03-2707, 03-3010.

395 F.3d 392 (2005)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Brenda J. CUMMINGS and David S. Morris, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 13, 2005.

Attorney(s) appearing for the Case

Stephen Heinze (argued), Chicago, IL, for Plaintiff-Appellee.

Scott J. Frankel, Frankel & Cohen, John A. Meyer, William H. Theis (argued), Carol A. Brook (argued), Chicago, IL, for Defendant-Appellant.

Before BAUER, MANION, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

A jury convicted Brenda Cummings and David Morris on two separate counts — count one, conspiracy to commit fraud using unauthorized access devices in violation of 18 U.S.C. § 1029(a)(2), and count two, conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(d). The district court sua sponte ordered a new trial for the defendants on the RICO count, but we reversed because...

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