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U.S. v. CURRY

Nos. 05-5090, 05-5173.

461 F.3d 452 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth W. CURRY, II, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Kenneth W. Curry, II, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 28, 2006.

Attorney(s) appearing for the Case

ARGUED: John Staige Davis, V, Assistant United States Attorney, Office of the United States Attorney, Richmond, Virginia; Robert John Krask, Special Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for the United States. William Todd Watson, Hargett & Watson, P.L.C., Glen Allen, Virginia, for Kenneth W. Curry, II. ON BRIEF: Paul J. McNulty, United States Attorney, Alexandria, Virginia, for the United States.

Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge GREGORY wrote the opinion, in which Judge MOTZ and Judge DUNCAN joined.

GREGORY, Circuit Judge.

On May 31, 2005, after a six-day trial, a jury convicted Kenneth W. Curry, II of thirteen counts of mail fraud, nine counts of wire fraud, and three counts of engaging in unlawful monetary transactions, in violation of 18 U.S.C. §§ 1341, 1343, and 1957, respectively. Thereafter...

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