UNITED STATES of America, Plaintiff-Appellee, v. James E. MELVIN, Defendant-Appellant

Good Law
91 F.3d 1218·96 Daily Journal DAR 9233·1996 WL 426400·45 Fed. R. Serv. 364·1996 U.S. App. LEXIS 18761
United States Court of Appeals for the Ninth CircuitJuly 31, 199695-10150California3,572 words

Opinion

Opinion

Hug, J.

James Edward Melvin appeals his convictions and sentence for racketeering conspiracy in violation of 18 U.S.C. § 1962 (d), racketeering in violation of 18 U.S.C. § 1962 (c), mail fraud in violation of 18 U.S.C. § 1341 , and aiding and abetting in violation of 18 U.S.C. § 2 . On appeal, Melvin contends that: (1) postal inspectors interrogated him without giving him Miranda warnings; (2) the district court improperly admitted prejudicial evidence of uncharged conduct; (3) the jury was not given his requested jury instruction; (4) the court improperly excluded exculpatory testimony; (5) his convictions should be reversed for insufficiency of the evidence; (6) the court erroneously gave him a two-point enhancement for being an organizer; (7) the amount of loss attributable to him was miscalculated; and (8) the court erred in its denial of a sentence reduction for acceptance of responsibility. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Melvin participated in an enterprise which preyed upon thousands of victims nationwide through ads for fraudulent get-rich-quick schemes. For almost five years, the conspiracy, organized by Fieler Enterprises, oversaw some 80 schemes…

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