188 F.3d 510 (6th Cir. 1999), 98-5370, U.S. v. Turner

Docket Nº:98-5370.
Citation:188 F.3d 510
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. Ashley TURNER, also known as Brenda Lee Turner, Defendant-Appellant.
Case Date:September 02, 1999
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 510

188 F.3d 510 (6th Cir. 1999)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

Ashley TURNER, also known as Brenda Lee Turner, Defendant-Appellant.

No. 98-5370.

United States Court of Appeals, Sixth Circuit

September 2, 1999

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Eastern District of Tennessee.

Before NORRIS and SUHRHEINRICH, Circuit Judges; and WEBER, [*] District Judge.

PER CURIAM.

Defendant Ashley Turner, a victim of Dissociative Identity Disorder (formerly known as multiple personality disorder), appeals her convictions of two counts of bank fraud, in violation of 18 U.S.C. § 1344; three counts of making a false statement to a bank upon a loan application, in violation of 18 U.S.C. § 1014; and two counts of fraudulently using a social security number for the purpose of obtaining a benefit, in violation of 42 U.S.C. § 408(a)(7)(B). We AFFIRM.

I. BACKGROUND

On May 15, 1996, Turner leased a Jeep Grand Cherokee from Prebul Jeep Eagle Chrysler Plymouth ("Prebul Jeep"). To secure the lease, Turner provided the automobile dealership with a false social security number and a false "W-2 Wage and Tax Statement" indicating that she had a yearly gross income of $80,000.

On May 20, 1996, Turner applied for a consumer loan at the SunTrust Bank of Chattanooga, Tennessee, the deposits of which were federally insured. Turner initially requested a loan of $5,000 to establish her credit. Turner soon changed her mind, however, and instead requested a loan of $36,350.38. The purported purpose of the loan was to purchase the Jeep Grand Cherokee that she had already leased from Prebul Jeep. In filling out the application, Turner provided the bank with a false social security number and falsely informed it that her gross monthly income was $8400. On the same day, Turner also applied for a SunTrust gold credit card. Turner again provided the bank with the same false social security number and false information on her income.

On May 24, 1996, the SunTrust Bank issued Turner a check for the loan amount of $36,350.38, which was payable to Prebul Jeep. Rather than purchase the leased Jeep Grand Cherokee, however, Turner returned to Prebul Jeep and used the loan proceeds to buy a regular Jeep Cherokee for $21,752.54. Turner tendered to Prebul Jeep the check issued by SunTrust Bank. In return, Prebul Jeep gave Turner the title to the vehicle and issued her a check for $14,597.84, the difference between the tendered check and the purchase price of the vehicle.

On July 31, 1996, Turner attempted to borrow $20,000 from the NationsBank of Chattanooga, Tennessee, the deposits of which were federally insured, using the title to the Jeep Grand Cherokee as collateral. On her loan application, Turner falsely indicated that she had a gross monthly income of $7,000 and provided a false social security number. The bank ultimately declined the loan application because it received inconsistent information regarding Turner's social security number.

On August 13, 1997, a grand jury returned a seven-count indictment against Turner. The indictment charged Turner (1) with defrauding the SunTrust Bank by providing false information on a loan application, in violation of 18 U.S.C.§ 1344; (2) with making a false statement to the SunTrust Bank upon a loan application, in violation of 18 U.S.C. § 1014; (3) with making a false statement upon a loan application to the SunTrust Bank in order to obtain a credit card, in violation of 18 U.S.C. § 1014; (4) with fraudulent use of a social security number for the purpose of obtaining a benefit, in violation of 42 U.S.C. § 408(a)(7)(B); (5) with defrauding the NationsBank by making a false representation in order to obtain a loan, in violation of 18 U.S.C. § 1344; (6) with making a false statement to the NationsBank on a loan application, in violation of 18 U.S.C. § 1014; and (7) with fraudulent use of a social security number for the purpose of obtaining a benefit, in violation of 42 U.S.C. § 408(a)(7)(B).

At arraignment, Turner plead not guilty to all counts and the government moved for a mental competency hearing. The district court released Turner on bond, but granted the government's motion for a competency hearing, ordering Turner to submit to a mental evaluation. The court also entered a discovery and scheduling order, which set the trial date for October 14, 1997.

On August 19, 1997, the pretrial services officer petitioned the district court to issue a warrant for Turner's arrest, and for authorization to detain her pending transportation for psychiatric evaluation. The court granted the petition and ordered that Turner be transported to the Carswell Federal Medical Center (the "Center") located in Fort Worth, Texas.

On September 9, 1997, Turner filed a notice of insanity defense. On that same day, Turner's counsel filed a motion to extend the dates set forth in the scheduling order. The motion explained that Turner was believed to have arrived at the Center on August 20, 1997, and was likely to be released on October 4, 1997, nineteen days after the date set forth in the scheduling order for filing of all motions and for execution of any written agreement pursuant to a plea agreement. The motion also represented that counsel would need at least two months after Turner's return from the Center to properly prepare for trial. The district court granted the motion to continue the deadlines and to continue trial. A new trial date was set for December 8, 1997.

Turner was released from the Center on October 20, 1997. The next day, the district court entered an order amending Turner's conditions of release, which permitted Turner's release upon her posting a $20,000 unsecured bond. On October 29, 1997, Turner filed a waiver of mental competency hearing.

On November 21, 1997, Turner filed a second motion to continue, styled "Motion to Pass Trial." In support of her motion, Turner represented that she had a history of emotional instability and that she was currently hospitalized for a severe episode of depression, making her unavailable for consultation, preparation of trial, and participation...

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