Professional Documents
Culture Documents
No. 10-4954
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Marvin J. Garbis, Senior District
Judge. (1:09-cr-00298-MJG-1)
Submitted:
August 4, 2011
Decided:
PER CURIAM:
Olusola Idowu appeals from her wire fraud convictions,
asserting that the district court improperly instructed the jury
on the materiality of the false statements transmitted by wire.
The charged wire fraud concerned loan applications transmitted
in
2004
and
2005
and
containing
false
information
regarding
instruction
she
provided
to
the
court,
which
directed
to
consider
the
relevant
time
frame.
Idowu
standards
compared
today,
to
and
during
that
the
the
relevant
courts
time
period,
instruction
was
when
not
Iduwo is incorrect.
Under
instruction,
Idowu
failed
to
preserve
her
claim.
Under
the plain error standard, Idowu must show: (1) there was error;
(2)
the
error
substantial
was
rights.
plain;
United
and
(3)
States
3
the
v.
error
Olano,
affected
507
U.S.
her
725,
732-34
(1993).
When
these
conditions
are
satisfied,
we
may
affect[s]
reputation
of
the
judicial
proceedings.
fairness,
integrity
Id.
at
or
736
public
(internal
error
review
standard
in
her
brief
and
thus
fails
to
In fact, in her
reply brief, Idowu does not dispute that she cannot show plain
error.
on
her
conclusion
that
jury
was
not
properly
jury
was
requested.
instructed,
albeit
in
different
words,
as
Idowu
Cir. 2010) (holding that this court will reverse for failure to
give requested instruction only if requested instruction was not
substantially covered by the courts charge).
Moreover,
even
had
the
instruction
been
improper,
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED