490 F. App'x 755
6th Cir.2012Background
- Geedi was convicted of eight counts of food-stamp/WIC fraud, theft of public funds, and conspiracy to commit money laundering; he appeals on counts 2, 6, 7, and 8, along with loss calculation, restitution, and ineffective assistance claims.
- Geedi managed Marwaas Market and City Dollar Store, where he allegedly converted benefits to cash and allowed ineligible purchases.
- Confidential informants in 2005 witnessed exchanges of food-stamp and WIC benefits for cash and ineligible items; one informant used WIC to buy ineligible items.
- A 2006 search recovered incomplete WIC coupons, Ohio Direction Cards with PINs, ledgers showing extended credit for customers, and substantial cash from stores.
- From 2003–2006, Marwaas Market redeemed about $1,094,153 in combined benefits; City Dollar redeemed about $3,002,638, with funds used for inventory and expenses.
- Indictment was returned January 10, 2008; Geedi was convicted at trial and sentenced to confinement, probation, and restitution of $200,000; he timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony food-stamp fraud | Geedi argues record lacks proof of the felony threshold. | Geedi contends there was insufficient evidence of required loss to support felonies. | Convictions sustained; evidence showed loss above statutory thresholds and guilt. |
| Loss calculation and restitution accuracy | Loss and restitution amounts were properly calculated. | Court relied on improper loss figures and failed to schedule payments. | Loss finding upheld; remanded to issue a restitution payment schedule. |
| Ineffective assistance of counsel | Counsel failed to object to restitution order and loss-related guidelines. | No prejudice shown; errors did not affect outcome. | No ineffective-assistance; claims fail on the record. |
Key Cases Cited
- United States v. Kuehne, 547 F.3d 667 (6th Cir. 2008) (sufficiency review and standard of review for evidence)
- United States v. Carnes, 309 F.3d 950 (6th Cir. 2002) (manifest miscarriage of justice standard for insufficient evidence)
- United States v. Vonner, 516 F.3d 382 (6th Cir. 2008) (plain-error review for sentencing objections)
- United States v. Bostic, 371 F.3d 865 (6th Cir. 2004) (duty to invite objections post-sentencing under MVRA)
- United States v. Freeman, 640 F.3d 180 (6th Cir. 2011) (abuse-of-discretion review for sentencing when not timely objected)
- United States v. Triana, 468 F.3d 308 (6th Cir. 2006) (loss estimation with deference to district court)
- United States v. Davis, 306 F.3d 398 (6th Cir. 2002) (MVRA restitution scheduling requirements)
- United States v. Blanchard, 9 F.3d 22 (6th Cir. 1993) (need not make express findings about ability to pay)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard (objective reasonableness and prejudice))