United States v. Andres Alarcon-Simi

Andres Alarcon-Simi (“Alarcon”) appeals from the judgment of conviction following a jury trial on four counts of bank fraud, in violation of 18 U.S.C. §§ 2 and 1344 and one count of conspiracy in violation of 18 U.S.C. § 371 , as well as the sentence imposed by the district court. He contends that the district court erred (1) in sustaining the Government’s hearsay objection at trial during the cross-examination of Special Agent Alan Vanderploeg; (2) in denying his motion for judgment of acquittal made pursuant to Rule 29 of the Federal Rules of Criminal Procedure; (3) in entering the jury’s guilty verdicts because the transcript of the previously recorded proceedings states that one juror’s response during the polling of the jury was not audible; and (4) in imposing a 25-month sentence. We affirm the judgment and dismiss the appeal of the sentence because Alarcon’s statement to Special Agent Vanderploeg was inadmissible hearsay, the district court did not plainly err in denying the Rule 29 motion, Alarcon has failed to demonstrate that the jury’s verdict lacked unanimity, and the 25-month sentence was within the range set forth in the United States Sentencing Guidelines…