United States v. Brian Palmer Nelson

STEPHENSON, Circuit Judge.

Appellant Brian Palmer Nelson appeals from his conviction after a trial to a jury on 16 counts of violating the wire fraud statute, 18 U.S.C. § 1343, and on one count of conspiracy in violation of 18 U.S.C. § 371. Appellant was sentenced to five years on each count, all to be served concurrently. 1

On this direct appeal appellant raises three issues for consideration by this court. He claims that the conviction must be reversed because the trial judge communicated with the jury in the absence of the defendant and his trial counsel, his right to a fair trial guaranteed…