United States v. Roger Goodwin ( 2020 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 19-1014
    ___________________________
    United States of America
    Plaintiff - Appellee
    v.
    Roger Duane Goodwin
    Defendant - Appellant
    ____________
    Appeal from United States District Court
    for the Southern District of Iowa - Des Moines
    ____________
    Submitted: December 11, 2020
    Filed: December 16, 2020
    [Unpublished]
    ____________
    Before BENTON, WOLLMAN, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    Roger Goodwin appeals the district court’s judgment entered upon jury
    verdicts finding him guilty of seven counts of mail fraud, in violation of 
    18 U.S.C. § 1341
    ; and finding that, inter alia, his motorcycle was subject to forfeiture. Having
    jurisdiction under 
    28 U.S.C. § 1291
    , this court reverses the forfeiture of the
    motorcycle in part, and affirms in all other respects.
    On appeal, Goodwin raises an issue under Batson v. Kentucky, 
    476 U.S. 79
    (1986), argues that the district court erred in admitting summary exhibits, challenges
    the sufficiency of the evidence, asserts various sentencing errors, and contends that
    his motorcycle was not subject to forfeiture.
    This court concludes that the district court did not clearly err in overruling
    Goodwin’s Batson challenge, and did not abuse its discretion by admitting summary
    exhibits. See United States v. Hampton, 
    887 F.3d 339
    , 342 (8th Cir. 2018) (this court
    reviews Batson rulings for clear error, affording great deference to district court’s
    findings and keeping in mind that ultimate burden of persuasion regarding racial
    motivation rests with party opposing strike); United States v. Green, 
    428 F.3d 1131
    ,
    1134 (8th Cir. 2005) (admission of summary exhibits under Federal Rule of
    Evidence 1006 is reviewed for abuse of discretion; summary exhibits are properly
    admitted if they fairly summarize voluminous trial evidence, they assist jury in
    understanding testimony already introduced, and witness who prepared them is
    subject to cross-examination with documents used to prepare them). This court also
    concludes that the evidence was sufficient to support Goodwin’s convictions, as the
    jury could have reasonably found that he intentionally diverted his clients’ funds
    from their designated purpose to his personal benefit through false representations.
    See United States v. Birdine, 
    515 F.3d 842
    , 844 (8th Cir. 2008) (sufficiency of
    evidence to sustain conviction is reviewed de novo, viewing evidence in light most
    favorable to jury verdict, and giving verdict benefit of all reasonable inferences);
    United States v. Hawkey, 
    148 F.3d 920
    , 924 (8th Cir. 1998) (in § 1341 proceeding,
    evidence was sufficient to establish intent and scheme to defraud where reasonable
    jury could have found that defendant intentionally diverted funds from designated
    purpose to his personal benefit through false representations).
    This court further concludes Goodwin’s claims of sentencing errors lack
    merit. Even assuming the district court erroneously applied certain Guidelines
    enhancements, any such error was harmless given that the district court stated it
    would have imposed the same prison term even if it had not applied those
    enhancements. See United States v. LaRoche, 
    700 F.3d 363
    , 365 (8th Cir. 2012)
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    (misapplication of Guidelines is harmless if district court would have imposed same
    sentence had it not relied upon invalid factor). Goodwin’s sentence is not
    substantively unreasonable. See United States v. Feemster, 
    572 F.3d 455
    , 461 (8th
    Cir. 2009) (en banc) (this court reviews substantive reasonableness of sentence for
    abuse of discretion under totality of circumstances).
    The district court did not err in finding that Eunice Tuecke was a victim of
    Goodwin’s mail-fraud offenses, or in awarding her restitution, given that she
    suffered a financial loss in the course of his fraudulent scheme. See 18 U.S.C. §
    3663A(a)(1) (sentencing court shall order defendant to make restitution to victim of
    § 1341 offense), (a)(2) (“victim” means person directly and proximately harmed as
    result of commission of offense for which restitution may be ordered, including, in
    case of offense that includes as element a scheme, “any person directly harmed by
    the defendant’s criminal conduct in the course of the scheme”). As for Goodwin’s
    assertion that Margaret Jensen also did not qualify as a victim, any potential error in
    allowing her to make a victim-impact statement was harmless. Cf. United States v.
    Rodriguez, 
    581 F.3d 775
    , 797 (8th Cir. 2009) (concluding that improper victim-
    impact testimony was harmless when considered in light of record as whole).
    This court concludes, however, that Goodwin’s interest in his motorcycle was
    not subject to forfeiture in its entirety. Goodwin purchased the motorcycle before
    his fraudulent scheme began, and thereafter used fraud proceeds to pay for service
    on the motorcycle and to make payments toward a loan secured by the motorcycle.
    Goodwin’s use of fraud proceeds to pay for service on the motorcycle was
    insufficient to show that the motorcycle constituted or was derived from proceeds
    traceable to his fraudulent scheme. See 
    18 U.S.C. § 981
    (a)(1)(C) (property is subject
    to forfeiture if it “constitutes or is derived from proceeds traceable to” violation of,
    as relevant, § 1341); United States v. Beltramea, 
    849 F.3d 753
    , 758-59 (8th Cir.
    2017) (property is traceable to criminal offense if its acquisition is attributable to
    scheme underlying offense rather than money obtained from untainted sources).
    Goodwin’s use of fraud proceeds to make payments toward a loan secured by the
    motorcycle rendered his equity interest in the motorcycle subject to forfeiture, but
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    only to the extent such interest was increased by virtue of payments made with ill-
    gotten funds. See United States v. Miller, 
    911 F.3d 229
    , 234-35 (4th Cir. 2018) (as
    relevant, defendant’s equity interest in mortgaged property was forfeitable to extent
    his use of fraud proceeds to make mortgage payments directly increased his equity
    interest); cf. United States v. Pole No. 3172, Hopkinton, 
    852 F.2d 636
    , 639-40 (1st
    Cir. 1988) (interest acquired as result of mortgage payments made with proceeds of
    drug transactions should be forfeitable, but forfeitability does not spread like disease
    from one infected payment to defendant’s entire interest in property acquired prior
    to infected payment).
    The judgment is reversed as to the forfeiture of the amount Goodwin paid for
    service on his motorcycle, and the forfeiture amount is limited to the portion of
    Goodwin’s equity in the motorcycle which was increased by virtue of payments
    made from ill-gotten funds.1 In all other respects, the judgment is affirmed.
    ______________________________
    1
    The district court also ordered forfeiture of Goodwin’s residence. This court
    does not disturb that determination on appeal.
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