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.