October 23, 2015
[Copyrighted Material Omitted]
from United States District Court for the District of
Minnesota - St. Paul.
United States of America, Plaintiff - Appellee: Benjamin
Langner, David J. MacLaughlin, Assistant U.S. Attorney, Manda
M. Sertich, Assistant U.S. Attorney, U.S. ATTORNEY'S
OFFICE, District of Minnesota, Minneapolis, MN.
Robert Allen Walker, Defendant - Appellant: Aaron James
Morrison, Minneapolis, MN.
Allen Walker, Defendant - Appellant, Pro se, Terre Haute, IN.
LOKEN, MURPHY, and COLLOTON, Circuit Judges.
Allen Walker was president, chief executive officer, and
chairman of the board of Bixby Energy Systems ("
Bixby" ) from its formation in 2001 until his ouster in
May 2011 following the company's financial collapse.
After an eight-week trial, the jury convicted Walker of four
counts of mail fraud, eight counts of wire fraud, conspiracy
to commit mail and wire fraud, witness tampering, and three
counts of tax evasion, violations of 18 U.S.C. § §
1341, 1343, 1349, 1512(b)(1), and 26 U.S.C. § 7201.
Walker appeals, arguing the evidence was insufficient because
the government failed to prove he had the requisite intent to
defraud Bixby investors, and the district court committed
procedural sentencing errors in calculating fraud loss and
assessing a two-level enhancement for abuse of a position of
trust. We affirm.
Sufficiency of the Evidence.
argues the trial evidence established that he was a naive
businessman who had no intent to defraud, an essential
element of the seventeen counts of conviction. " In
reviewing the sufficiency of the evidence, we consider the
evidence in the light most favorable to the jury's
verdict, accepting all reasonable inferences that support the
verdict." United States v. Brown, 627 F.3d
1068, 1072-73 (8th Cir. 2010), cert. denied, 132 S.Ct. 274,
181 L.Ed.2d 163 (2011). " We must uphold the conviction
unless no ...