United States v. Bradley McCorkle
2012 U.S. App. LEXIS 15743
| 8th Cir. | 2012Background
- McCorkle convicted of theft of government funds under 18 U.S.C. § 641.
- He withdrew post-death Social Security benefits from his mother’s account.
- Beneficiary died Aug. 11, 2008; SSA continued deposits unknowingly.
- Over 14 months he withdrew approximately $16,000.
- Indictment issued Aug. 18, 2010; district court admitted evidence of prior disability-benefit applications.
- Trial culminated in a March 11, 2011 jury verdict and a July 15, 2011 sentence of six months’ imprisonment with three years’ supervised release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of prior disability-benefit applications (Rule 403) | McCorkle—irrelevant and prejudicial | Govt. evidence is highly probative of knowledge and intent | Admissible; not an abuse of discretion |
| Venue in the Southern District of Iowa | Venue improper because theft completed in Illinois | No waiver; challenge reviewable for plain error | No plain-error; venue proper under § 3237(a) |
Key Cases Cited
- United States v. Augustine, 663 F.3d 367 (8th Cir. 2011) (evidentiary rulings reviewed for abuse of discretion)
- United States v. Rehak, 589 F.3d 965 (8th Cir. 2009) (intent element of §641 established by knowledge)
- United States v. Olano, 507 U.S. 725 (S. Ct. 1993) (plain-error review standard)
- United States v. Poitra, 648 F.3d 884 (8th Cir. 2011) (plain-error review and venue principles)
- United States v. Booker, 576 F.3d 506 (8th Cir. 2009) (waiver vs. forfeiture; plain-error review)