United States v. Laurie Jane Luttrell, United States of America v. William Dale Kegley, Aka: Bill Kegley

William Dale Kegley and Laurie Jane Luttrell (“appellants”) appeal their convictions of conspiracy to possess and traffic in unauthorized and counterfeit credit card drafts, 18 U.S.C. § 1029 (a)(l)-(3) (1982) and attempt to traffic in counterfeit drafts, 18 U.S.C. § 1029 (a)(1) and (b)(1) (1982). The court below determined that appellants conspired to process counterfeit and unauthorized credit card drafts and committed overt acts in furtherance of the crime. They challenge the sufficiency of the evidence supporting their convictions. Appellants also appeal the denial of their motion for acquittal based on outrageous government conduct. Appellants raise the following issues: (1) whether the government proved that an overt act was committed in furtherance of the conspiracy; (2) whether the evidence was sufficient to find that appellants had the intent to process counterfeit and unauthorized credit card drafts; (3) whether the credit card drafts involved in this case were unauthorized access devices pursuant to 18 U.S.C. § 1029 (e)(3) ; and (4) whether the government’s conduct was so outrageous that acquittal is warranted. We affirm in part, and remand in…