United States v. Brodie

Before: HENDERSON, GARLAND and BROWN, Circuit Judges.

A jury found appellant Wilbert Brodie (Brodie) guilty of conspiracy to make false statements to financial institutions to obtain mortgage loans in violation of 18 U.S.C. § 371 and wire fraud in violation of 18 U.S.C. § 1343. Brodie was sentenced to 57 months’ imprisonment and ordered to pay $355,449.70 in restitution. Brodie appeals his conviction on ten grounds in five pro se filings. Additionally, the Federal Public Defender (Amicus) filed an amicus brief claiming that the district court committed three errors: (1) sustaining an objection to defense counsel’s closing argument; (2) denying Brodie’s new trial motion based on an alleged Brady violation; and (3) applying a four-point “leader or organizer” enhancement to Brodie’s offense level under the United States Sentencing Guidelines (Guidelines or USSG). Amicus also asserts that Brodie’s trial counsel provided ineffective assistance of counsel because he failed to request a downward departure based on Brodie’s immigration status pursuant to United States v. Smith, 27 F.3d 649 (D.C. Cir. 1994). For the reasons set forth below, we affirm Brodie’s conviction and sentence.