Fourth Circuit: US v. Anthony Burfoot

Sufficient evidence for bribery.  As the scheme, not state law, dictated the timing of tax payments sent online, sufficient evidence for wire fraud counts.

As payments were part of a continuous scheme, counts referencing earliest payments and Hobbs Act violation are not barred by the statute of limitations.

Indictment not amended by court's instruction during deliberations that the amount specified in the count was not an element of the offense.

Statement sufficiently material for the purposes of perjury where it is within the scope of the alleged conspiracy and casts doubt on the veracity of a key witness.

No error of denial of mistrial after speculative characterizations of fraud elicited on direct, given curative instruction and overwhelming amount of other evidence.

No abuse of discretion in barring consideration of newly discovered evidence of a witness' cognitive impairment.

Jury is presumed to follow the judge's instructions, so a five-hour deliberation that acquitted on two of the counts was a valid deliberation.

http://www.ca4.uscourts.gov/opinions/174266.P.pdf