Federal Circuits, 5th Cir. (March 27, 1997)
Docket number: 96-10744
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Id. vLex: VLEX-18395459
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* Pursuant to Local Rule 47.5, the court has det ermined t hat this opinion should not be published and is not precedent except under the limit ed circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 96-10744 Summary Calendar UNITED STATES OF AMERICA Plaintiff-Appellee, VERSUS MARVIN A. DIERSCHKE; JANIS L. DIERSCHKE; BRIAN DIERSCHKE Defendants-Appellants.
Appeal from the United States District Court For the Northern District of Texas (6:95-CR-039-C) March 25, 1997 Before WISDOM, KING, and SMITH, Circuit Judges.PER CURIAM: * In this direct criminal appeal, Marvin A. Dierschke, Janis L. Dierschke, and Brian Dierschke assert that the evidence adduced at trial was insufficient to support their convictions for bankruptcy fraud and conspiracy to commit bankruptcy fraud.A reviewing court will affirm a jury verdict so long as there is evidence sufficient to allow a reasonable jury to find a defendant guilty beyond a reasonable doubt. The court will view the evidence and all inferences in the light most favorable to the verdict. United States v. Bell , 678 F.2d 547, 549 (5th Cir. 1982)(en banc).Appellants assert that their intent to commit fraud was not proven at trial. Proof of intent to defraud may be inferred from all the facts and circumstances surrounding a transaction.United States v. OÂ’Keefe , 722 F.2d 1175, 1181 (5th Cir. 1983).The determination of intent is a question for the trier of fact and its decision will not lightly be overturned. Id .Having reviewed the briefs and the trial transcript, we find ample evidence to support the defendantsÂ’ convictions.AFFIRMED.Try vLex for FREE for 3 days
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