United States v. John Walthall

MEMORANDUM

John Arthur Walthall appeals (1) his convictions following a jury trial for multiple counts of wire fraud, in violation of 18 U.S.C. § 1343 , and for failure to appear, in violation of 18 U.S.C. § 3146 (a)(1), (b)(1)(A), and (2) his 168-month sentence. We affirm.

Because the facts and circumstances of this case are well-known to the parties, we repeat them only as necessary to explain our decision. We address his claims in turn.

I

Joinder of counts is proper under Fed.R. Crim.P. 8(a) if the offenses charged were “connected with or constitute parts of a common scheme or plan.” See also United States v. Jawara, 474 F.3d 565, 572 (9th Cir.2007). Here, the charges of fraud and Walthall’s subsequent attempt to avoid prosecution by flight were so connected. See United States v. Irvine, 756 F.2d 708, 712 (9th Cir.1985) (separate criminal conduct designed to avoid prosecution may properly be joined with the primary substantive offense). Moreover, evidence of flight is generally admissible to demonstrate a consciousness of guilt. See United States v. Guerrero, 756 F.2d 1342, 1347 (9th Cir.1984).

II

The evidence of Walthall’s guilt of wire fraud was overwhelming to say the…