United States v. Charles Davis

MEMORANDUM

Charles Davis appeals his convictions of wire fraud, mail fraud, and money laundering under 18 U.S.C. §§ 1341 , 1343, 1956, and 1957 in connection with two companies that Davis claimed were going to develop products to combat childhood obesity and Type II diabetes. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

1. The district court did not violate Davis’s constitutional rights by preventing him from recalling two former company executives during the defense case. See Delaware v. Van Arsdall, 475 U.S. 673, 679 , 106 S.Ct. 1431 , 89 L.Ed.2d 674 (1986) (“[Tjrial judges retain wide latitude insofar as the Confrontation Clause is concerned to impose reasonable limits ... based on concerns about, among other things, harassment, prejudice, confusion of the issues, ... or interrogation that is repetitive or only marginally relevant.”). Davis had a reasonable opportunity to cross-examine these two witnesses during the government’s case, and Davis has failed to demonstrate what admissible testimony they would have been able to provide had the court allowed him to recall them. Neither of these witnesses could have laid foundation for the…