United States v. James

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60287
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MORRIS JAMES,
Defendant-Appellant.
Appeal from the United States District Court
for the Northern District of Mississippi
Case No. 2:03-CR-88
Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.
PER CURIAM:*
Appellant Morris James was convicted of twenty-three
counts of mail fraud, violating 18 U.S.C. § 1341. He raises
several issues on appeal. The court has carefully considered
appellant’s position in light of the briefs, oral arguments, and
pertinent portions of the record. We conclude that, viewing the
evidence in the light most favorable to the verdict, there was
sufficient evidence to demonstrate specific intent to defraud and
thus to sustain James’s convictions. Further, the district court
did not abuse its discretion in denying James’s request for

-- 1 of 2 --

2
subpoenas or an investigator because James failed to make the
requisite showing of necessity at trial, and has not demonstrated
to this court that the district court’s ruling was prejudicial to
his defense. No Batson violation was present in the Government’s
use of peremptory challenges. Additionally, the district court did
not err in its instruction to the jury concerning a matter of tax
law. Finally, we hold that the district court’s admission of
evidence at trial did not violate the Sixth Amendment’s
confrontation clause. The district court judgment is AFFIRMED.

-- 2 of 2 --