United States v. Brodie

The D.C. Circuit affirmed the appellant's conviction and sentencing by the district court for conspiracy to make false statements to financial institutions and wire fraud in a mortgage flipping scheme. The court found that the district court did not abuse its discretion in sustaining an objection to defense counsel's closing argument and did not err in denying the appellant's new trial motion based on an alleged Brady violation or in applying a four-point "leader or organizer" enhancement to the appellant's offense level under the U.S. Sentencing Guidelines. The court further held that the appellant was not deprived of effective assistance of counsel when his trial attorney failed to request a downward departure based on his immigration status when the trial judge had already indicated that he would not make such a departure. It also rejected the appellant's various pro se arguments.

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Argued November 13, 2007

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.

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