193205P.pdf   03/08/2021  United States  v.  Timothy Burns
   U.S. Court of Appeals Case No:  19-3205
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Smith, Author, with Loken and Gruender, Circuit Judges] 
   Criminal case - Criminal law. In a wire fraud prosecution concerning 
   defendant's representations to investors in an aquaponics operation, the 
   evidence was sufficient for the jury to find defendant had actual 
   knowledge of the fraud or was willfully blind; the district court did not 
   err, on this record, in giving a willful blindness instruction; the wire 
   fraud instruction did not constitute an impermissible variance from the 
   indictment; claim that the district court should have sua sponte given an 
   explicit unanimity instruction rejected; defendant waived the issue of an 
   individual poll of the jurors when his counsel declined the judge's offer 
   to conduct such a poll.