IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40439
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN H. FURH, IV,
Defendant-Appellant.
Appeal from the United States District Court for the
Eastern District of Texas, Sherman
(4:95-CR-7-1)
March 11, 1997
Before GARWOOD, WIENER and DeMOSS, Circuit Judges.*
PER CURIAM:
On consideration of the briefs, the argument of counsel, and
the record, this Court concludes that the appeal presents no
reversible error.
Appellant did not renew his motion for judgment of acquittal
at the close of all the evidence, although after the government
rested, the defense had produced evidence; nor was any post-
judgment motion for acquittal filed. In any event, we conclude
*
Pursuant to Local Rule 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
that the evidence was plainly sufficient, even had a proper motion
been made at the close of all the evidence.
The court did not err in admitting the documents challenged on
the basis of lack of proof of authority. The defendant had earlier
stipulated to their authenticity, and it was also circumstantially
evidenced.
Finally, the district court did not abuse its discretion in
admitting the evidence concerning the false financial statement to
the bank. It was relevant to the centrally contested issue in this
case, intent; and, the trial court gave a proper limiting
instruction. We are unable to find any abuse of discretion
(moreover, it is clear that the admission of this evidence was
plainly harmless).
AFFIRMED
2