Case: 12-20660 Document: 00512448249 Page: 1 Date Filed: 11/20/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 12-20660 November 20, 2013
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff - Appellee
v.
PATRICK ADOLPH PRENDERGAST, JR.,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:11-CR-635
Before DAVIS, GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Patrick Adolph Prendergast, Jr. (“Prendergast”), appeals from his
conviction for knowingly using a materially false writing to obtain disaster
relief benefits, in violation of 18 U.S.C. § 1040.
Prendergast contends that the evidence of knowledge and materiality
was insufficient and that the district court committed reversible error in
denying his motion for mistrial based on an alleged Brady violation, in
admitting hearsay evidence, in responding to two jury notes, in permitting a
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 12-20660 Document: 00512448249 Page: 2 Date Filed: 11/20/2013
No. 12-20660
prejudicial variance, in allowing prosecutor statements that allegedly
amounted to misconduct, and in calculating his Sentencing Guidelines range.
We have considered the parties’ submissions and reviewed the record.
Because we find no reversible error, we AFFIRM.
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