192122P.pdf   02/16/2021  United States  v.  Jerome Ruzicka
   U.S. Court of Appeals Case No:  19-2122
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit 
   Judge] 
   Criminal case - Criminal law and sentencing. Assuming statements made by 
   government witnesses during the trial were false and the government should 
   have known that, the statements were corrected and the allegedly false 
   testimony was stricken from the record; as a result, the district court 
   correctly denied defendant's claim of a Napue violation; with respect to 
   another alleged Napue error, the district court did not err in determining 
   the violation was harmless because the testimony was not relevant to any 
   count of conviction; claim of Brady violation was properly rejected as the 
   evidence was not material; Jencks Act claim rejected under a clear error 
   analysis; evidence was sufficient to support defendant's fraud 
   convictions; cumulative error argument rejected; defendant's compassionate 
   release did not moot his argument that the district court miscalculated 
   the amount of loss as the calculation of the loss affected the guidelines 
   fine range, and the order of compassionate release did not change the fine 
   imposed in the case; the district court did not err in calculating the 
   amount of fraud loss in the case; imposing an order of restitution equal 
   to the amount of the loss was not erroneous.