United States v. Maribel Rincon

MEMORANDUM

Maribel Rincon appeals her convictions for aiding and abetting the filing of false, fictitious, or fraudulent claims against the United States, in violation of 18 U.S.C. §§ 287 and 2(b). Rincon raises three issues on appeal: (1) that she was deprived of her constitutional right to effective assistance of counsel because of her attorney’s lack of compensation while he was representing her; (2) that the district court plainly erred in refusing to admit expert testimony that Rincon suffered from a mental condition that caused her to lack the capacity to form fraudulent intent; and (3) that the district court plainly erred in instructing the jury that it could find her guilty of violating 18 U.S.C. § 287 based on a “deliberate ignorance” theory after it excluded the proffered expert testimony, or by failing to provide the jury with a willfulness instruction. This Court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

1. We decline to address Rincon’s Sixth Amendment claim on direct appeal because the record is insufficiently developed and her counsel’s representation was not so inadequate that it can be concluded that Rincon was denied her…