Gaddy

MEMORANDUM **

Defendant-Appellant Peter Gaddy was convicted of making false statements to a government official and causing a false claim to be made against the United States. Although none of the witnesses pointed to the defendant in court and affirmatively identified him as the “Peter Gaddy” whose conduct was at issue in the case, the defendant’s identity was never questioned by either party at trial. Gaddy appeals, his only argument being that the *650 government’s failure to establish “identity” mandates reversal of his conviction. We disagree.

The district court reviewed the trial record and concluded that sufficient evidence existed to identify the defendant as the “Peter Gaddy” whose conduct was at issue in the case. Specifically, the district court noted that two witnesses — both of whom had met Peter Gaddy in person — referred to “Mr. Gaddy” during their testimony and never suggested that the defendant sitting in the courtroom was a different person than the Peter Gaddy they were testifying about. The district court also noted that the defendant’s attorney identified his client as the person who submitted a false health insurance form and, in closing, thanked the jury…