U.S. Court of Appeals for the Eleventh Circuit, 2018

United States v. Anthony Lepore

United States v. Anthony Lepore
U.S. Court of Appeals for the Eleventh Circuit · Decided March 22, 2018

United States v. Anthony Lepore

Opinion

Case: 17-10222 Date Filed: 03/22/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10222 ________________________ D.C. Docket No. 1:15-cr-00367-WSD-JKL-1

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTHONY LEPORE, Defendant-Appellant.

________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (March 22, 2018) Before WILSON and BLACK, Circuit Judges, and SCHLESINGER, * District Judge.

* Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation.

Case: 17-10222 Date Filed: 03/22/2018 Page: 2 of 2

PER CURIAM: Following a jury trial, Appellant was convicted of conspiracy to commit honest services fraud in violation of 18 U.S.C. § 1349; honest services fraud in violation of 18 U.S.C. §§ 1341, 1346, and 2; and federal funds bribery in violation of 18 U.S.C. § 666(a)(2) and 2. Appellant appeals his convictions, alleging: (1) there was insufficient evidence that he, the CEO of Rite Way Service Inc., knew of and willfully joined in the plan to bribe Patrick Jackson, a public official; (2) there was insufficient evidence that Jackson performed “official acts” in exchange for these bribes; (3) the District Court’s use of the deliberate ignorance jury instruction was harmful error; and (4) the District Court improperly applied a four-level enhancement under USSG §2Cl.l(b)(3).

After a thorough review of the briefs, record, and having had the benefit of oral argument, we reject Appellant’s arguments and affirm his convictions and sentence.

AFFIRMED.

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