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U.S. v. ALSTON-GRAVES

No. 04-3095.

435 F.3d 331 (2006)

UNITED STATES of America, Appellee v. Lois A. ALSTON-GRAVES, a/k/a Lois Austin, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 2006.

Attorney(s) appearing for the Case

W. Douglas Wham, appointed by the court, argued the cause and filed the briefs for appellant.

Chrisellen R. Kolb, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney, and John R. Fisher and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

This appeal from convictions on charges of conspiracy and wire fraud raises questions about a "willful blindness" jury instruction on knowledge. The instruction allowed the jury to find that the defendant acted knowingly if she deliberately closed her eyes to obvious facts. Questions about the propriety of such an instruction and the circumstances when it may be given

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