DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093138P.pdf 09/13/2010 United States v. Howard Kieffer
U.S. Court of Appeals Case No: 09-3138
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Riley, Author, with Loken and Murphy, Circuit Judges]
Criminal case - criminal law and sentencing. Evidence of defendant's
actions outside the District of North Dakota was properly admitted as the
actions were an intrinsic part of defendant's extensive efforts to deceive
lawyers and federal courts into believing he was a lawyer and were part
of his scheme to obtain admission to the bar and obtain payment for his
services; prosecutor's comments that defendant was not accepting
responsibility for his actions was not a comment on his failure to testify;
evidence was sufficient to support defendant's convictions for mail fraud
and making false statements; entrapment-by-estoppel argument rejected;
no error in imposing increases based on amount of loss, use of mass-
marketing tools, sophisticated means or abuse of the public trust.