United States v. Leanne Dees

Good Law
34 F.3d 838·94 Daily Journal DAR 12353·1994 WL 469876·40 Fed. R. Serv. 993·1994 U.S. App. LEXIS 23798
United States Court of Appeals for the Ninth CircuitSeptember 1, 199493-50282California3,445 words

Opinion

Opinion

Farris, J.

Leanne Dees appeals her jury conviction for mail and wire fraud in violation of 18 U.S.C. §§ 1341 and 1343. We have jurisdiction over defendant’s timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I.

On January 13,1989, Dees responded to an advertisement in a local Arkansas newspaper placed by Carolyn Burteh, a California resident hoping to privately adopt a child. Dees identified herself as Karen New. Dees made an arrangement with the Burtches pursuant to which she would receive $400 per month for living expenses during her pregnancy. In return, Dees agreed to place her baby for adoption with the Burtches.

Between February and May of 1989, the Burtches regularly contacted Dees and provided her with the requisite living expenses. The Burtches testified that they had no doubt that they would be adopting Dees’s baby. Dees often referred to the baby she carried as “Carolyn’s baby.”

Nevertheless, in late March 1989, an attorney in Arkansas, Jerry Lovelace, was contacted by attorney Danny Stidham. Stidham identified himself as the representative of Leanne Dees and her husband Frank. Stid-ham said his clients were eager to place their unborn child up for adoption and desired…

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