United States v. Walton

Argued April 12, 2000 On June 4, 1998, Defendants-Appellants Deborah Walton (""Walton"") and Kenneth Marsalis (""Marsalis"") were indicted and charged in a two count indictment, charging each of them with conspiring to carry and take away and carrying and taking away, with intent to steal, approximately $90,500.00 from a Citibank branch's automatic teller machine (""ATM"").1 Walton and Marsalis were both convicted on each count by a jury, and their separate motions for a new trial were summarily denied. The court on June 17, 1999 sentenced Walton to ten months' imprisonment on each count and ordered each of her sentences to run concurrent with each other. The court sentenced Marsalis to twenty-seven months' imprisonment on each count, and also ordered each of his sentences to run concurrent with each other. Each of them were also sentenced to three years supervised release and ordered to pay restitution in the amount of $90,500.00. The court directed that the order of restitution be paid jointly and severally by Walton, Marsalis and Golliday. Marsalis appeals, arguing that the judge: (1) erred when he found that the government's peremptory strike of a prospective juror was not based on racial discrimination; (2) abused his discretion when he excluded evidence regarding a similar ATM theft at the same location that occurred just four months prior to the instant offense and (3) abused his discretion when he denied his motion for a new trial based on the government's failure to produce the remaining telephone records that he requested until the second day of trial. Walton also appeals, arguing that the court committed error when in its restitution order, it directed that she be held jointly and severally liable for the full amount of restitution. We AFFIRM Marsalis' conviction and sentence, AFFIRM Walton's conviction, and REVERSE AND REMAND Walton's sentence with respect to the order of restitution.