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U.S. v. GRAHAM

No. 09-6013.

608 F.3d 164 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Robert E. GRAHAM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2010.

Attorney(s) appearing for the Case

ARGUED: Harry Preston Henshaw, III, Charleston, West Virginia, for Appellant. Hunter Paul Smith, Jr., Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: Charles T. Miller, United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the majority opinion, in which Judge MICHAEL joined. Judge GREGORY wrote a dissenting opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

After the Government charged Robert E. Graham with 39 criminal offenses, he opted for a bench trial. The district court found him not guilty of all offenses except that charged in Count 14—embezzlement from his employer, an organization receiving in excess of $10,000 annually in federal funds. See 18 U.S.C. § 666 (2006). Graham appealed his sole conviction, and we reversed, holding that the Government...

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