Bannister v. Town of Noble

The appellants, Darryl E. Duke (Duke) and James R. Gallup (Gallup) were jointly tried by jury and convicted of violating 18 U.S.C. § 371, Conspiracy to Defraud the United States government, and 18 U.S.C. § 1012, Influencing Department of Housing and Urban Development transactions. Both Gallup and Duke raise ten issues on appeal, including whether the evidence was sufficient to support conviction, whether the trial court erred in its instructions to the jury and its various evidentiary rulings during the course of the trial, and whether an order of restitution was appropriate, given that the United States Department of Housing and Urban Development (HUD) suffered no pecuniary loss.