123754P.pdf   08/29/2014  United States  v.  Jeffrey Cole Bennett
   U.S. Court of Appeals Case No:  12-3754
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Gruender, Author, with Loken and Beam, Circuit Judges] 
   Criminal case - Criminal law. In fraud schemes in which defendant Clayton 
   paid defendants Bennett and Hogeland for services never provided Clayton's 
   employer or paid kickbacks for business opportunities, the convictions 
   against Clayton must be vacated in light of his death while the appeal was 
   pending; with respect to defendant Bennett's appeal, the district court 
   did not err in denying his motions to dismiss the mail-fraud and 
   mail-fraud-conspiracy counts on statute of limitations grounds; the 
   evidence was sufficient to support Bennett's conviction on the mail fraud 
   charge; Alleyne challenge to Bennett's sentence rejected as the facts 
   found by the district court did not alter the statutory maximum or minimum 
   sentence he faced; Clayton's death does not require reversal of Bennett's 
   convictions; no err in denying Hogeland's motion to sever her trial from 
   Clayton and Bennett's. Judge Beam, concurring in part and dissenting in 
   part.