Jury Instructions and Sentencing Enhancement

By: Derek Hawkins//March 4, 2019//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Anastacia V. Maclin

Case No.: 18-2158

Officials: BAUER, KANNE, and BRENNAN, Circuit Judges.

Focus: Jury Instructions and Sentencing Enhancement

After a jury found Anastacia Vann Maclin guilty of two counts of Medicaid theft she was sentenced to 15 months’ imprisonment. Maclin embezzled funds from Dr. Farzana Khan’s medical practice after being hired to handle its electronic billing. Maclin raises two issues on appeal. First, is whether a comment by a prospective juror (“Prospective Juror No. 11”) that Dr. Khan had a “home for autism” required voir dire to be restarted with a new jury panel. Second, is whether the district court properly applied a vulnerable victim sentence enhancement based on Dr. Khan’s computer illiteracy. For the following reasons, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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