United States v. Michael Stefan Prime

I

OVERVIEW

Michael Prime (“Prime”) was charged with, and convicted of, one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371 ; one count of conspiracy to manufacture counterfeit securities, in violation of 18 U.S.C. § 371 ; and three counts of possessing, manufacturing, and uttering counterfeit securities, in violation of 18 U.S.C. § 513 (a). Prime raises four issues on appeal: 1) whether the district court properly denied his motion for a Franks hearing; 2) whether the court abused its discretion in allowing the testimony of an expert handwriting analyst; 3) whether the court abused its discretion in not allowing Prime to substitute counsel; and 4) whether the jury’s potential exposure to extrinsic evidence was grounds for a new trial. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm all of the district court’s orders and decisions.

II

BACKGROUND

Between April and June 2001, Prime, along with three co-conspirators, David Hiestand (“Hiestand”), Juan Ore-Lovera, and Jeffrey Hardy, sold non-existent items on eBay, purchased items using counterfeit money orders created by the group, sold pirated computer software, and stole credit card numbers…