United States v. Davis

Court: US Court of Appeals for the Second Circuit

Docket: 22-639

Opinion Date: November 26, 2024

Areas of Law: Criminal Law, White Collar Crime

Andrew Davis was convicted of conspiracy to distribute and possess with intent to distribute marijuana, possession with intent to distribute marijuana, possession of firearms in furtherance of a drug trafficking crime, and conspiracy to commit money laundering. Davis trafficked large quantities of marijuana in Bridgeport, Connecticut, using a method involving shipping marijuana from California via FedEx. Upon his arrest, he was found with over 136 pounds of marijuana, numerous handguns, and approximately $412,000 in cash. A co-conspirator cooperated with the government, leading to Davis's conviction.

The United States District Court for the District of Connecticut sentenced Davis to 295 months’ imprisonment. Davis appealed, arguing that the evidence was insufficient to support his conviction for conspiracy to commit money laundering. He also raised ten additional arguments in pro se supplemental briefs, including claims of ineffective assistance of counsel and challenges to the sufficiency of the evidence for his other convictions.

The United States Court of Appeals for the Second Circuit reviewed the case. The court concluded that the evidence at trial was sufficient to support Davis’s conviction for conspiracy to commit money laundering. The court found that the government provided ample circumstantial evidence linking the cash used in financial transactions to Davis's drug trafficking operations. The court also determined that Davis's pro se arguments either lacked merit, were forfeited, or were premature. Consequently, the Second Circuit affirmed the district court’s judgment.

US v. Nsahlai

Court: US Court of Appeals for the Fourth Circuit

Docket: 23-4675

Opinion Date: November 22, 2024

Judge: G. Steven Agee

Areas of Law: Criminal Law, White Collar Crime

Rose-Marie Nsahlai was convicted for her involvement in a scheme to fraudulently obtain Paycheck Protection Program (PPP) loans. Nsahlai and her husband, Didier Kindambu, applied for two PPP loans using false information and then used the loan proceeds for unauthorized purposes. The fraudulent applications included fabricated payroll documentation created by Nsahlai, which falsely represented that the Papillon companies had substantial payroll expenses. The loans, totaling over $2.5 million, were approved and deposited into their accounts, and the funds were subsequently used for personal expenses, including the purchase of a new residence.

The United States District Court for the Eastern District of Virginia convicted Nsahlai on charges of conspiracy to commit bank fraud, bank fraud, and unlawful monetary transactions. Before trial, the district court excluded evidence related to Nsahlai's claims of domestic abuse by Kindambu, ruling it irrelevant and prejudicial. Nsahlai argued that this evidence was necessary to explain her actions and lack of intent to commit fraud. The court allowed her to testify that she felt compelled by her relationship but prohibited specific references to abuse.

The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decisions. The appellate court found no reversible error in the exclusion of the domestic abuse evidence, concluding that it was not relevant to the charges and that any error was harmless given the overwhelming evidence of Nsahlai's guilt. The court also rejected Nsahlai's challenge to the jury instructions, determining that the instructions, when read as a whole, did not mislead the jury or affect her substantial rights. The court held that the instructions properly required the jury to find the elements of the charged offenses beyond a reasonable doubt. Thus, the Fourth Circuit affirmed Nsahlai's convictions.