United States v. Gary Michael Callihan

Appellant was convicted of three counts of wire fraud, 18 U.S.C. § 1343 (Counts I through III), four counts of transporting in interstate commerce fraudulently obtained credit cards, 15 U.S.C. § 1644 (b) (Counts IV through VII), one count of using an instrumentality of interstate commerce to transport fraudulently obtained credit cards, 15 U.S.C. § 1644 (e) (Count VIII), and two counts of transporting in interstate commerce securities or money obtained by fraud, 18 U.S.C. § 2314 (Counts IX and X). He was sentenced to three-year consecutive terms on Counts I and IV, and to three-year terms on each of the remaining counts to run concurrently with the sentences on Counts I and IV.

Appellant challenges his conviction on the section 1644 counts, claiming that his acts did not fall within the ambit of the statute. Further, appellant claims that his conviction on all counts should be overturned due to prosecutorial misconduct and insufficient evidence.

Upon review of the record, we have determined that appellant’s challenges based upon prosecutorial misconduct and insufficient evidence are without merit.

Appellant’s argument that his conviction on the credit card counts must be…