United States v. James Montgomery, United States of America v. Mary O'COnnOr

GOODWIN, Circuit Judge.

Defendants James Montgomery and Mary Lou O’Connor were convicted by a jury of conspiring to commit mail fraud and committing mail fraud in violation of 18 U.S.C. §§ 371 and 1341. Montgomery challenges the district court’s denial of his claim that the marital privilege excludes evidence of his wife’s communications to him. Both defendants also challenge the indictment, the sufficiency of the evidence, the district court’s admission of a summary exhibit and their sentences.

I

In 1983, Montgomery and his wife, Louise Montgomery (“Mrs.Montgomery”), formed Sun Village Realty,…