Beardslee
United States v. Beardslee
Opinion
Lead Opinion
Choy, J.
Florence Martha Beardslee (“Beard-slee”) appeals her conviction, following a jury trial, for conspiracy in violation of 18 U.S.C. § 371 , arson in violation of 18 U.S.C. § 844 (i), use of fire to commit a felony in violation of 18 U.S.C. § 844 (h), and mail fraud in violation of 18 U.S.C. § 1341 . Beardslee contends that the district court erred by (1) barring cross-examination by Beardslee of government witness Ben Pierce; (2) limiting the scope of cross-examination by Beardslee of government witness Barry Venable; (3) ruling that Count Three of the superseding indictment, use of fire to commit mail fraud in violation of 18 U.S.C. § 844 (h), was not barred by the statute of limitation; and (4) denying Beardslee’s motion to suppress evidence on the ground that the Government had an independent source for the evidence. We reject each claim and affirm the decisions of the district court.
The Government cross-appeals Beard-slee’s sentence. The Government contends that the district court erred by (1) failing to impose Beardslee’s sentence under 18 U.S.C. § 844 (h) consecutively to all other sentences; (2) applying the 1989 Sentencing Guidelines instead of the 1992 Sentencing…