United States v. Rhada Smith
600 F. App'x 991
6th Cir.2015Background
- Smith was convicted by jury of conspiracy to utter or possess counterfeit checks and to commit bank fraud, 18 U.S.C. § 371.
- National City Bank identified a scheme where counterfeit checks were deposited and funds withdrawn before clearance; participants included Eddington who used Smith’s debit card.
- Smith provided her National City debit card and PIN to Eddington to cash a check allegedly from an insurance settlement; she later accompanied him to multiple branches to withdraw cash.
- After initial deposits, Smith and an unknown co-conspirator withdrew funds from several ATMs and branches; Smith later found cash in her glove compartment.
- Indicted on August 11, 2011 with twenty-three co-defendants; trial began January 28, 2013, verdict delivered February 4, 2013, sentencing included restitution and probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—whether record supports counsel deficiency | Smith argues trial counsel failed to investigate key witnesses. | Smith contends counsel deficient for not locating classmate corroboration. | Claim dismissed without prejudice due to silent record on investigation. |
| Pre-indictment delay due process | Smith claims five-year pre-indictment delay violated due process. | Government contends delay was not prejudicial and within time for acts alleged. | Waived and dismissed; failure to raise under Rule 12 precludes review. |
| Good faith defense jury instruction | Smith asked for explicit good faith defense instruction. | District court reasoned good faith defense was encompassed by proper mens rea instructions. | No abuse of discretion; lack of explicit instruction did not impair defense. |
Key Cases Cited
- Ramonez v. Berghuis, 490 F.3d 482 (6th Cir. 2007) (ineffective assistance requires investigation duty)
- Warman v. United States, 578 F.3d 320 (6th Cir. 2009) (record sufficiency for IAC on direct appeal)
- United States v. Hunter, 558 F.3d 495 (6th Cir. 2009) (addressing IAC on appeal when record lacking)
- Tarwater v. United States, 308 F.3d 494 (6th Cir. 2002) (reviewing jury instructions for completeness)
- O’Hara v. Wigginton, 24 F.3d 823 (6th Cir. 1994) (investigation duty of defense counsel)
- Algee v. United States, 599 F.3d 506 (6th Cir. 2010) (standard for evaluating claimed jury instruction errors)
- Pomponio, 429 U.S. 10 (1976) (instruction on mens rea and conspiracy intent)
- McGuire v. United States, 744 F.2d 1197 (6th Cir. 1984) (good faith defense not required when mens rea properly charged)
- Stephens-Miller v. United States, 582 F. App’x 626 (6th Cir. 2014) (reviewing sufficiency of good faith instruction)
- Barnes v. Owens-Corning Fiberglas Corp., 201 F.3d 815 (6th Cir. 2000) (harmless-error standard for instructional error)