U.S. v. Jenkins, 99-3452
| Citation | 210 F.3d 884 |
| Decision Date | 14 March 2000 |
| Docket Number | No. 99-3452,99-3452 |
| Parties | (8th Cir. 2000) United States of America, Appellee, v. Newton Don Jenkins, Appellant. Submitted: |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Page 884
v.
Newton Don Jenkins, Appellant.
Filed: April 10, 2000
Rehearing and Rehearing En Banc
Denied May 23, 2000
Appeal from the United States District Court for the Eastern District of Arkansas.
Page 885
Before McMILLIAN and HEANEY, Circuit Judges, and BOGUE 1 , District Judge.
HEANEY, Circuit Judge.
Newton Don Jenkins, Sr. was convicted of one count of bank fraud in violation of 18 U.S.C. 1344 (1999) and twenty-five counts of making false statements to a federally-insured bank in violation of 18 U.S.C. 1014 (1999). Jenkins moved for a directed verdict, claiming that the evidence was insufficient to convict him. The district court denied his motion, and Jenkins appeals. We affirm.
Carlos Oakes, one of Jenkins' acquaintances, discussed with Jenkins the possibility
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of starting a computer business. Jenkins asked Oakes to sign a Limited Power of Attorney form and a signature card to open a bank account in the name of Oakes Computer and Videos, Inc. (Oakes Computers). Oakes complied. On June 1, 1995, Jenkins, acting on behalf of Oakes Computers, entered into a merchant agreement with the Arkansas Bank of Jonesboro (the Bank), a federally-insured bank.Under the agreement, Jenkins could deposit credit card sales slips from Oakes Computers and have their amounts immediately credited to the Oakes Computers account.
Between June 14, 1995 and October 2, 1995, Jenkins deposited over $78,000 in credit card slips reflecting sales purportedly made by Oakes Computers. The credit card slips were drawn on credit cards recently issued to Jenkins, his relatives, and Oakes. Oakes testified that Oakes Computers never sold a computer, and that he never applied for or knew of the credit cards issued in his name.
After the sales amounts were credited to the account, Jenkins would withdraw money through checks and ATM transactions. The sales slips continued to be credited to the Oakes Computers account until the credit card company refused to pay on them.
Jenkins was charged with and convicted of one count of bank fraud and twenty-five counts of making false statements to a federally-insured bank. Following trial, Jenkins moved for a directed verdict, which the district court denied.
Jenkins appeals the district court's denial of his directed verdict motion, claiming...
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