DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
113587P.pdf 11/14/2012 United States v. Clarence Rice
U.S. Court of Appeals Case No: 11-3587
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Loken and Beam, Circuit Judges]
Criminal case - Criminal law and sentencing. Taking the jury
instructions as a whole, the jury was adequately advised of the essential
elements of the wire fraud charges and the burden of proof required of the
government; district court did not err in calculating the amount of the loss
or in ordering restitution; the district court sufficiently explained its
decision not to depart or vary downward; court would not address the
reasonableness of the sentence as defendant did not raise the issue in his
opening brief and thereby waived the issue.