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173399P.pdf 03/29/2019 United States v. Anthony Waits
U.S. Court of Appeals Case No: 17-3399
and No: 17-3762
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Colloton, Author, with Beam and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. In this fraud prosecution,
the district court did not err in rejecting defendants' proposed
theory-of-defense instructions because the instructions given adequately
covered the law; nor did the court plainly err in refusing to given an
instruction on the testimony of an accomplice or the credibility of a
cooperating witness as the court gave a general instruction on evaluating
witness credibility; no error in admitting recording between defendants
Waits and a co-conspirator as the threats against witnesses contained in
the recording were admissible to show Waits's consciousness of guilt;
district court properly evaluated motion for new trial based on
prejudicial publicity and did not err in ruling on the motion without a
hearing; in determining defendant Waits's sentence, the district court did
not err in applying a two-level enhancement under Guidelines Sec. 3C1.1
for obstruction of justice; the district court properly calculated Waits's
criminal history score and did not err in imposing a point for a
revocation of probation or in treating prior sentences imposed on the same
day as separate offenses where there was an intervening arrest; forfeiture
order was based on the incorrect statute, and the forfeiture order is
vacated and the matter remanded for further proceedings.