United States v. Rowena Owen Garner

Rowena Garner (Rowena) appeals from a judgment of conviction by jury verdict on one count of wire fraud, 18 U.S.C. § 1343 , and aiding and abetting wire fraud, 18 U.S.C. § 2 , and one count each of interstate travel and transportation of money in furtherance of an unlawful activity, 18 U.S.C. §§ 1952 & 2314, and aiding and abetting the same. The following issues are raised in this appeal: (1) whether the trial court was without jurisdiction to proceed to trial after Rowena filed a pretrial notice of appeal; (2) whether the wire fraud conviction must be reversed because the government failed to prove a telephone call in furtherance of the scheme to defraud; (3) whether there was sufficient evidence to sustain Rowena’s convictions for aiding and abetting wire fraud and interstate travel; (4) whether the failure of the district court to grant immunity to Roy Garner (Roy) deprived Rowena of due process; and (5) whether the district judge’s denial of Rowena’s motion to dismiss the indictment for grand jury irregularities and his refusal to order inspection of grand jury records was error. We affirm.

I

Rowena was involved with Roy, her husband, and with Dennis and Curry, in a scheme…