United States v. James Montgomery, United States of America v. Mary O'COnnOr

Defendants James Montgomery and Mary Lou O’Connor were convicted by a jury of conspiring to commit mail fraud and committing mail fraud in violation of 18 U.S.C. §§ 371 and 1341. Montgomery challenges the district court’s denial of his claim that the marital privilege excludes evidence of his wife’s communications to him. Both defendants also challenge the indictment, the sufficiency of the evidence, the district court’s admission of a summary exhibit and their sentences.

I.

In 1983, Montgomery and his wife, Louise Montgomery (“Mrs.Montgomery”), formed Sun Village Realty, Inc. (“Sun Vil lage”), a real estate and property management business in Sunriver, Oregon. The property management component of Sun Village, Summit Realty, entered into contracts with the owners of vacation houses in Sunriver, many of whom lived elsewhere. In return for a twenty five to thirty percent commission, Sun Village agreed to “diligently, and to the best of its abilities, rent the property!,] ... obtain new tenants as vacancies occur,” and “clean[] the property each time a tenant checks out.” The contract did not provide for, nor expressly prohibit, use of the vacation houses, or “units,” by Sun…