United States v. Raogo Ouedraogo, 531 F. App'x 731

Dietz disappeared in September 2007; funds from his Lake Michigan Credit Union account were targeted for transfer to a Lebanese bank account via forged documents.
Ouedraogo and Saba, close friends with extensive contact in 2007, were linked to Dietz’s disappearance through travel, calls, and financial-mobility patterns surrounding the alleged fraud and kidnapping schemes.
Evidence tied Saba to the planned transfer and to procurement of incapacitating weapons (pepper spray and a stun gun) used in the scheme; Ouedraogo aided by traveling to meet with Saba and by assisting in related logistics.
Several secretive trips and calls occurred around Dietz’s disappearance; SIM card sharing and use of a tracfone were employed to conceal communications.
Banks and notaries were manipulated: a forged Dietz letter to LMCU requested a transfer; a Brooklyn notary’s signature on a forged Dietz document surfaced in the record.
Jury convicted Ouedraogo on conspiracy to commit bank fraud, conspiracy to commit kidnapping, and kidnapping resulting in death; the district court later acquitted on the conspiracy counts and granted a new trial, which the Sixth Circuit reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for conspiracy to commit bank fraud	Government contends evidence shows a conspiratorial plan and Ouedraogo’s knowledge/joining acts.	Ouedraogo argues circumstantial, inconclusive links fail to show actual conspiracy beyond speculation.	Conspiracy to commit bank fraud sustained; sufficient circumstantial evidence.
Sufficiency of the evidence for conspiracy to commit kidnapping	Government asserts coordinated acts and communications show a common plan to kidnap Dietz.	Ouedraogo contends links are insufficient to prove participation in a conspiracy.	Conspiracy to commit kidnapping sustained; evidence supports a two-person conspiracy.
Sufficiency of the evidence for substantive kidnapping resulting in death	Government argues evidence shows kidnapping occurred and caused Dietz’s death.	Ouedraogo contends lack of body, scene, or direct proof of death prevents conviction.	Acquittal affirmed; evidence insufficient to prove actual kidnapping causing death.
New-trial order and admissibility of Ash’s testimony	District court abused discretion in excluding Ash’s testimony and granting a new trial.	Ash’s testimony was unreliable and prejudicial; new trial warranted.	New trial reversed; conspiracy verdict reinstated; Ash testimony deemed harmless error.

United States v. Humphrey, 279 F.3d 372 (6th Cir. 2002) (standard for acquittal de novo review)
Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (sufficiency review: rational finder could convict)
United States v. Talley, 194 F.3d 758 (6th Cir. 1999) (standard for sufficiency after acquittal)
Salgado, 250 F.3d 438 (6th Cir. 2001) (favoring circumstantial evidence in conspiracy cases)
Blumenthal v. United States, 332 U.S. 539 (1947) (concealed evidence and conspiracy inference standards)
United States v. Warshak, 631 F.3d 266 (6th Cir. 2010) (conspiracy evidence via communications and logistics)
United States v. Newman, 543 F.3d 793 (6th Cir. 2008) (presenting a case where absence of body still supports conspiracy inference)
Davis v. Lafler, 658 F.3d 525 (6th Cir. 2011) (sufficiency of aiding and abetting in carjacking context)
United States v. Johnson, 581 F.3d 320 (6th Cir. 2009) (Rule 804(b)(3) corroboration considerations)
Hilliard v. United States, 11 F.3d 618 (6th Cir. 1993) (avoid weighing credibility on review)