United States v. Malcolm Jeffrey
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 2, 2026
Docket25-14537
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-14537
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MALCOLM JEFFREY,
a.k.a. Malcolm Jeffery,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 1:24-cr-00044-LAG-ALS-2
____________________
Before JILL PRYOR, BRANCH, and LUCK, Circuit Judges.
PER CURIAM:
Malcolm Jeffrey registered Down N Dirty Transportation
LLC in July 2019 and shut it down that December. It never filed a
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2 Opinion of the Court 25-14537
W-2 or a 1099 for a single employee. But six months later, an em-
ployer account appeared in the company’s name on the Georgia
Department of Labor’s unemployment portal. It named Jeffrey as
its administrator and listed his email address. Over the next sixteen
months, that account filed roughly 7,300 unemployment claims,
using about 4,900 Social Security numbers. Georgia paid out
around $16 million on claims made in the names of people who
had never worked a day for Jeffrey’s company. The claims were
paid out on debit cards, many of which went to Jeffrey’s mother’s
home, and Jeffrey’s email account contained many victims’ identi-
fying information. A jury convicted Jeffrey of conspiring to com-
mit mail fraud.
The district court sentenced Jeffrey and ordered him to
make restitution in the amount of the loss he caused. Jeffrey now
appeals his conviction and the restitution order. Because none of
his challenges has merit, we affirm.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Jeffrey and two others were charged with conspiring to com-
mit mail fraud by filing false unemployment insurance claims with
the Georgia Department of Labor. See 18 U.S.C. §§ 1341, 1349.
The co-conspirators pleaded guilty; Jeffrey went to trial.
The Evidence of Jeffrey’s Fraud Scheme
The Georgia Department of Labor administers an unem-
ployment insurance program that pays eligible workers up to $365
per week. During the Covid-19 pandemic, the department allowed
employers to file claims for their workers through an online portal
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account. Employers could do so by submitting each claimant’s
name, birthday, and Social Security number, and attesting that the
information was true. Then, the department would mail a debit
card preloaded with the approved benefit amount to whatever ad-
dress the employer had listed for the claimant.
In July 2019, Jeffrey registered a limited liability company
with the state of Georgia: Down N Dirty Transportation. It never
filed a W-2 or a 1099 for anyone, and Jeffrey said he shut it down
that December. Yet from June 2020—six months after the com-
pany stopped operating—to October 2021, Down N Dirty submit-
ted roughly 7,300 unemployment claims using around 4,900 differ-
ent Social Security numbers. It did so through an online portal ac-
count naming Jeffrey as its administrator, listing his email address,
and bearing the username “DND Transport 19.” The department
eventually disabled the account, but not before it’d paid out around
$16 million in claims.
As it happened, those claims were fabricated. “[A] multitude
of claimants”—five of whom testified at trial—contacted the de-
partment to complain that they’d never worked for Down N Dirty
and hadn’t known that claims had been filed in their names. They
also never received any preloaded debit cards. Instead, records
from the department’s debit-card vendor showed that card after
card had been sent to an address in Cordele, Georgia—the home of
Jeffrey’s mother. That address led to Jeffrey.
When the government searched Jeffrey’s email account, it
discovered photographs of two debit cards in the names of people
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4 Opinion of the Court 25-14537
whose information was used to file fraudulent claims, including in
the Down N Dirty portal account. Jeffrey’s mother had sent him
the photographs. The account also contained photographs of
stacks of cash and of handwritten lists of names, birthdays, and So-
cial Security numbers, including those of the five claimants who
testified. Several entries were annotated “accepted” and listed dol-
lar amounts next to them.
In the weeks before the Down N Dirty portal account was
opened, the same email account had been used to search for “un-
employment [G]eorgia,” “unemployment offices in Georgia,” and
“Georgia Labor Department.” Later, the account searched for
“Which states let the employer file the unemployment claim for
the claimant”; “States with employer-filed claims”; and “Unem-
ployment list by maximum amount.” It ran unemployment
searches for a string of other states and visited their unemployment
websites. Down N Dirty unemployment-portal accounts turned
up in nine other states, and a “DNDTRANSPORT” account in a
tenth. Some of the portal accounts were in the name of “Malcolm
Hunt,” but used Jeffrey’s email address, phone numbers, and a dif-
ferent email address matching another of Jeffrey’s companies. The
email account contained several messages in which Jeffrey, using
his real name, asked unemployment-insurance administrators in
the other states for help filing claims.
Additionally, Jeffrey’s co-conspirators sent Facebook mes-
sages pairing the Georgia portal account’s administrator username
with what appeared to be its contemporaneous password: “DND
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Transport 19 and Trapper21” and “DND Transport 19 and
Bigboy2020.” Jeffrey himself also wrote a message to another user
saying, “I got a thousand reasons you should call me, [b]rah,” and
gave a telephone number—the same number used to open the
Down N Dirty portal account in one of the other states. A week
later, he wrote to the same person, “I have like 60 Bank of America
unemployment cards. Can they work or naw.” A call between
them followed, and afterward Jeffrey wrote, “Yooo. Yo. What’s
the move.”
After connecting Jeffrey’s email and Facebook accounts to
Down N Dirty’s portal account, the government sent Special
Agent Joshua Barnes to interview Jeffrey about the account. Agent
Barnes testified that, at first, Jeffrey denied creating the account.
Then, he admitted that he’d lied, that he had created it, and that
he’d shared its log-in information with his mother and stepfather.
Agent Barnes also asked Jeffrey about a specific Down N Dirty ac-
count in Texas. Once again, Jeffrey initially denied that he’d cre-
ated any such account, only to change course and admit he’d done
so to get money from Texas’s unemployment program too. Once
Jeffrey was indicted, Agent Barnes contacted Jeffrey and told him
to turn himself in. Instead, Jeffrey fled to North Carolina, where
he stayed until he was found and arrested.
The “Big Boy” Testimony and the Motion for Judgment of Acquittal
At trial, the government asked Agent Barnes to explain the
“DND Transport 19 and Bigboy2020” message. He explained that,
like the Trapper21 message, it probably relayed the username and
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password to the Georgia portal account. Asked whether he’d iden-
tified anyone who went by the nickname “Big Boy,” Agent Barnes
answered, “[t]he defendant, Malcolm Jeffrey.” Jeffrey didn’t object.
On cross-examination, Jeffrey asked whether Agent Barnes
had ever heard Jeffrey or Jeffrey’s mother refer to Jeffrey as
Bigboy2020. Agent Barnes said he hadn’t. On redirect, Agent
Barnes clarified that he’d “heard [Jeffrey] being referred to [by] that
name,” but Jeffrey’s counsel objected that this was hearsay. After
a sidebar, the district court overruled the objection, reasoning that
the statement was “not offered for the truth of the matter asserted
if [Jeffrey’s] name is Big Boy,” just that Jeffrey had been referred to
as “Big Boy.” On recross, Jeffrey asked Agent Barnes how he had
learned of the “Big Boy” nickname. Agent Barnes answered that
he had heard it from Jeffrey’s cellmate. Jeffrey called another side-
bar, complaining that “the cellmate they are talking about” was
“looking at a potential life sentence” and urging the district court
to allow him “to talk about . . . who the source of the information
is, and why that individual would have wanted to talk to [the gov-
ernment].” The district court told Jeffrey that “that[] [wasn’t]
something that ha[d] to happen right here and now” and told him
to raise the issue again at the end of the day.
Shortly thereafter, the government rested and the district
court excused the jury for the day. Jeffrey moved for a judgment
of acquittal, arguing that, although the government had shown
that he created the portal account, it had never tied him to any co-
conspirators or to any particular illegal transaction. The district
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court denied the motion. After all, it noted, the evidence showed
that Jeffrey created the portal account after Down N Dirty went
defunct, that he’d given the log-in information to other people, that
his mother had possessed at least one card, and that he was aware
that his conduct was unlawful.
To figure out what to say about the “Big Boy” nickname to
the jury, Jeffrey asked the district court to allow him to continue
cross-examining Agent Barnes. Since the jury had been excused,
the district court allowed it. Recalled to the stand, Agent Barnes
read a passage from his report recounting that Jeffrey’s cellmate
said that “everyone in the[ir] dorm referred to Jeffrey as Big Boy
because he was overweight.” But the cellmate also told Agent
Barnes that a woman sent a text message to an illegal cellphone
circulating within the prison, “relaying a message from Big Boy”
that Jeffrey’s cellmate was a confidential informant.
Jeffrey’s counsel claimed that he was “stuck in a catch-22.”
He wanted to argue to the jury that the “Big Boy” nickname was
used only within the prison and therefore didn’t relate to the fraud
scheme. But he couldn’t do so without also introducing the
woman’s text, which showed that the “Big Boy” nickname was also
used outside the prison. The district court ruled that Jeffrey could
put in both facts or neither. He chose to drop the matter.
The next morning, the district court brought in the jury and
asked Jeffrey whether he wished to call any witnesses. Jeffrey
rested and said he had no motions. So, the district court instructed
the jury without objection and allowed the parties to deliver their
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closing arguments. In its closing, the government recounted the
evidence without mentioning the “Big Boy” nickname. Jeffrey,
however, did mention the nickname, asking the jury to consider
why the cellmate hadn’t appeared in court to testify.
After deliberating for about an hour, the jury convicted Jef-
frey of conspiracy to commit mail fraud. After the jury returned its
verdict, the district court asked Jeffrey again whether he had “[a]ny
motions or requests.” He answered no.
The Sentence
The district court set Jeffrey’s sentencing hearing for De-
cember 2025. The probation office prepared a presentence investi-
gation report setting out the amounts of actual loss caused by the
conspiracy.
At the hearing, Jeffrey objected that he hadn’t conspired
with anyone and that he hadn’t organized or led the conspiracy.
The district court overruled both objections, finding that he “cre-
ated the portals,” that he “managed several other people” who
used them, and that he “was definitely one of the leaders in this
conspiracy.” The district court asked Jeffrey if he had any other
objections. When he said he didn’t, the court adopted the report
as written.
Based on Jeffrey’s conduct and his presentence investigation
report, the district court concluded that Jeffrey’s total offense level
was thirty-five and his criminal history was a category one, yielding
a guideline range of 168 to 210 months’ imprisonment. But the dis-
trict court varied downward to 120 months’ imprisonment and
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three years of supervised release, explaining that the guidelines
were “high and . . . not in line with how people around the nation
are being sentenced in cases like this.”
The district court also ordered Jeffrey to pay $16,958,372 in
restitution—$16,683,612 to the Georgia Department of Labor,
jointly and severally with his co-conspirators, and $274,760 to the
unemployment-insurance administrators of Nevada and Massa-
chusetts, where the conspiracy had also operated. That restitution,
the district court explained, was “limited to the amount of deter-
mined loss in the case” as set forth in the presentence investigation
report. When the court asked, after imposing sentence, whether
there were any objections, Jeffrey answered no.
II. DISCUSSION
Jeffrey attacks his conviction on three grounds and the resti-
tution order on one. First, he contends that the district court
wrongly denied his motion for judgment of acquittal. See Fed. R.
Crim. P. 29(a). Second, he complains that allowing in “hearsay”
about the “Big Boy” nickname likely caused the jury to convict him
where it otherwise wouldn’t have. Third, he argues that we should
grant him a new trial because the verdict was against the weight of
the evidence. See Fed. R. Crim. P. 33. Finally, as to his sentence,
he claims that the district court erred by attributing the entire
amount of the loss to him without finding that he “personally re-
ceived or withdrew specific fraud proceeds.” All four attacks fail.
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The Denial of Acquittal
Jeffrey concedes that “the [g]overnment did present evi-
dence that [he] created the portal, used email accounts associated
with the portal, was connected to multi-state unemployment activ-
ity, and possessed photographs of cards and cash.” Still, he says,
the evidence wasn’t “sufficient to prove . . . Jeffrey’s knowing, vol-
untary participation” in the charged conspiracy. We disagree.
“After the government closes its evidence . . . the court on
the defendant’s motion must enter a judgment of acquittal of any
offense for which the evidence is insufficient to sustain a convic-
tion.” Fed. R. Crim. P. 29(a). We review the sufficiency of the ev-
idence de novo, “considering the evidence in the light most favor-
able to the government and ‘resolv[ing] any conflicts in the evi-
dence in [its] favor.’” United States v. Bryan, 159 F.4th 1274, 1287
(11th Cir. 2025) (quoting United States v. Lander, 668 F.3d 1289,
1296–97 (11th Cir. 2012)). We apply the same standard of review
to the district court’s denial of a motion for judgment of acquittal.
Id. (citing United States v. Descent, 292 F.3d 703, 706 (11th Cir. 2002)).
Proof of an element of the charged crime may be established
through direct evidence, “circumstantial evidence[,] or . . . infer-
ences drawn from the conduct of an individual.” Id. (quoting
United States v. Utter, 97 F.3d 509, 512 (11th Cir. 1996)). “[N]o dis-
tinction is to be made between the weight given to either direct or
circumstantial evidence.” Id. (quoting United States v. Mieres-Borges,
919 F.2d 652, 656–57 (11th Cir. 1990)). At bottom, we may not
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overturn a jury verdict “if any reasonable construction of the evi-
dence would have allowed the jury to find the defendant guilty be-
yond a reasonable doubt.” United States v. Rodriguez, 732 F.3d 1299,
1303 (11th Cir. 2013) (citing United States v. Herrera, 931 F.2d 761,
762 (11th Cir. 1991)).
Jeffrey was convicted of conspiracy to commit mail fraud.
18 U.S.C. § 1349; see id. § 1341. Mail fraud has two elements:
“(1) an intentional participation in a scheme to defraud a person of
money or property, and (2) the use of the mails in furtherance of
the scheme.” Lander, 668 F.3d at 1297 (citation modified). Con-
spiracy to commit mail fraud, in turn, requires (1) a conspiracy to
commit mail fraud; (2) knowledge of that conspiracy; and
(3) knowing and voluntary participation in it. See United States v.
Alli, 184 F.4th 1280, 1291 (11th Cir. 2026).
Those elements were the sum of the government’s burden.
The government didn’t need to prove that Jeffrey “knew all of the
details or participated in every aspect of the conspiracy” or that he
committed any overt act—just that he knew of the conspiracy’s
“essential nature.” United States v. Moran, 778 F.3d 942, 960, 964
(11th Cir. 2015). And because the crime of conspiracy is “predom-
inantly mental in composition,” the government was allowed to
prove its case with “inferences and circumstantial evidence.” Id. at
960 (citing United States v. Vernon, 723 F.3d 1234, 1273 (11th Cir.
2013)).
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Put simply, the government’s evidence against Jeffrey was
more than sufficient to sustain the conviction. Jeffrey doesn’t ar-
gue that there wasn’t a conspiracy to commit mail fraud. Nor does
he—or can he—argue that he didn’t know about it. The evidence
showed that thousands of claims were filed through the
Down N Dirty portal account in the names of people who had
never worked for the company, and that the department mailed
benefit cards in response. Jeffrey created the account, named him-
self its administrator, and kept the claimants’ stolen identifying in-
formation in his email. He knew what the account was being used
for. And when he was indicted, he fled.
All Jeffrey argues is that the government didn’t show that he
knowingly and voluntarily joined the conspiracy. But the spine of
the conspiracy was Down N Dirty’s portal account with the depart-
ment, and the jury could reasonably have concluded that Jeffrey
was intimately associated with it. In the weeks leading up to
June 2020, when the account was opened, Jeffrey’s email account
searched for “unemployment [G]eorgia,” “unemployment offices
in Georgia,” and “Georgia Labor Department.” Then, six months
after he’d shut down the company, he opened an account with the
department so that Down N Dirty—his company, that never em-
ployed or paid a single person—could make claims for its “employ-
ees.” Again, he named himself the account’s administrator and
listed his own email address. He admitted sharing his log-in infor-
mation with his mother and stepfather, and his co-conspirators
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were able to log in as well. And on top of all that, he made analo-
gous accounts in other states and admitted to trying to obtain ben-
efits from Texas.
The jury also could have reasonably concluded that the gov-
ernment’s evidence tied Jeffrey to specific instances of fraud. As
money drained from the department to pay the claims made
through Jeffrey’s account, a “multitude of claimants” called the de-
partment to deny any affiliation with Down N Dirty. Five of them
testified that they never worked for Down N Dirty, never author-
ized a claim, and never received any benefits. Each of those five
witnesses appeared, by name, birthday, and Social Security num-
ber, in handwritten notes photographed and stored in Jeffrey’s
email account. Some of the names were annotated “accepted” and
marked with dollar amounts. And Jeffrey’s email account held
photographs of debit cards issued in other people’s names, includ-
ing one on a Down N Dirty claim, and his mother had sent him
photos of them.
And it’d have been no stretch for the jury to infer Jeffrey’s
knowing participation in the conspiracy from the fact that he prof-
ited from it. Debit cards issued on the Down N Dirty claims were
mailed to Jeffrey’s mother’s address in Cordele. He had several
photographs of stacks of cash in his email account. Later, he sent
messages apparently trying to sell unemployment cards, telling an-
other user “I got a thousand reasons you should call me, [b]rah.”
Finally, the jury could have inferred Jeffrey’s guilt from his
conduct. Cf. United States v. Shabazz, 887 F.3d 1204, 1220 (11th Cir.
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2018) (“[A] statement by a defendant, if disbelieved by the jury,
may be considered as substantive evidence of the defendant’s guilt,
particularly when the elements to be proved for a conviction in-
clude . . . intent or knowledge.” (citation modified)). He initially
lied to Agent Barnes about his connection to the conspiracy, deny-
ing that he’d created the Georgia portal account. Plus, when Jef-
frey discovered that he was going to be arrested, he fled.
Jeffrey faults the government for not presenting any direct
evidence of his involvement—“direct communications” between
Jeffrey and his co-conspirators, photographs of him using the debit
cards at ATMs, and so on. That’s true. But the jury could “infer
the existence of an agreement from indirect or circumstantial evi-
dence.” Alli, 184 F.4th at 1292. That the government didn’t rely
on Jeffrey’s preferred kind of evidence is not a defect in its case. Id.
(rejecting the defendant’s invitation to “fault[] the prosecution for
not introducing direct evidence” of his involvement in a sec-
tion 1349 conspiracy). However else we might construe the evi-
dence, at least one reasonable construction of it decisively allowed
the jury to find Jeffrey guilty beyond a reasonable doubt. See Ro-
driguez, 732 F.3d at 1303. The district court therefore didn’t err in
denying a judgment of acquittal.
The “Big Boy” Testimony
Jeffrey next attacks the district court’s decision to admit
Agent Barnes’s testimony about the “Big Boy” nickname, claiming
that the government was able to use it as “identity glue” to link him
to the conspiracy:
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[Agent] Barnes was permitted to read from his report
that, according to [the cellmate], an unknown woman
said, I am just relaying a message from Big Boy.
[Agent] Barnes also read that, according to [the cell-
mate], a text message stated that [the cellmate] was a
[confidential informant] and that inmates in the dorm
referred to Jeffrey as Big Boy because he was over-
weight. The [g]overnment thus placed before the
jury what [the cellmate] allegedly said about what an
unknown woman allegedly said about what an un-
seen text message allegedly conveyed. That was mul-
tiple hearsay, and each layer mattered.
But Agent Barnes didn’t read any of this to the jury. They’d already
been dismissed for the day.
In any event, even if the jury had been present, any error in
allowing Agent Barnes to read from his report would have been
harmless. “A nonconstitutional evidentiary error is harmless and
‘must be disregarded’ unless it affected the defendant’s ‘substantial
rights’ at trial.” 1 United States v. Cremades, 160 F.4th 1296, 1304
(11th Cir. 2025) (quoting Fed. R. Crim. P. 52(a)). “‘Overwhelming
evidence of guilt’ may render an erroneous ruling harmless.” Id.
(quoting United States v. Guzman, 167 F.3d 1350, 1353 (11th Cir.
1999)).
1 Jeffrey mentions the Confrontation Clause in passing but fails to make any
argument about it. We therefore don’t address it.
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For two reasons, any error here was harmless. First, the ev-
idence against Jeffrey was overwhelming. As we’ve explained, he
created an employer portal account using his name for a company
he’d shut down, after he shut it down. His email account contained
five victims’ identifying information, annotated with dollar
amounts. Card after card was routed to his mother’s house. He
used his own information to replicate the scheme in at least one
other state. And when he finally faced arrest, he fled. All this highly
probative evidence was “uninfected by the [purported] error.” Id.
(alteration in original) (quoting United States v. Fortenberry, 971 F.2d
717, 722 (11th Cir. 1992)).
Second, the challenge was cumulative of Agent Barnes’s ear-
lier testimony that Jeffrey’s nickname was “Big Boy.” And the in-
ference the “Big Boy” nickname was meant to support was tenu-
ous; at most, it connected Jeffrey to one of the passwords to his
employer portal account. The nickname was unconnected to the
other evidence that Jeffrey created the account using his own
name, listed himself as its administrator, used his own email ad-
dress for it, and initially lied to Agent Barnes about creating it.
Nor did the government ask the jury to make anything of
the nickname. The only mention of “Big Boy” in the closings came
from Jeffrey himself, which means that he can’t complain of any
prejudice that came from it. Cf., e.g., United States v. Dicks, 338 F.3d
1256, 1258 (11th Cir. 2003) (“Appellant cannot claim that he suf-
fered prejudice as a result of the jury knowing that he had AIDS,
because it was [a]ppellant’s trial attorney who let the jury know
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that [a]ppellant suffered from AIDS.”). Jeffrey suggests the jury had
nothing to keep it from misusing the “Big Boy” testimony. But he
never requested a jury instruction about the nickname and didn’t
object to the instructions the court gave.
All of this is to say that even if Agent Barnes had read his
report before the jury—and he didn’t—it’d be “inconceivable” that
the jury would have returned a different verdict. Cremades, 160
F.4th at 1305 (citation modified). Any error was “harmless given
all the other evidence presented at trial.” Id.
The Weight of the Evidence
Jeffrey next urges us to vacate his conviction and remand his
case for a new trial because the verdict was against the weight of
the evidence. But we can’t.
“Upon the defendant’s motion, the court may vacate any
judgment and grant a new trial if the interest of justice so requires.”
Fed. R. Crim. P. 33(a). We review the grant or denial of a new trial
for abuse of discretion, but we give denials “greater deference.”
United States v. Moore, 76 F.4th 1355, 1363 (11th Cir. 2023). A new
trial on the weight of the evidence is reserved for “really excep-
tional cases” in which the evidence “preponderate[s] heavily
against the verdict.” United States v. Brown, 934 F.3d 1278, 1297
(11th Cir. 2019) (citation modified).
As a threshold matter, though, a district court may not grant
a new trial where the defendant doesn’t move for one. United States
v. DiBernardo, 880 F.2d 1216, 1223 (11th Cir. 1989); United States v.
Brown, 587 F.2d 187, 189 (5th Cir. 1979) (“A district court . . . is
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18 Opinion of the Court 25-14537
powerless to order a new trial except on the motion of the defend-
ant.”); United States v. Eaton, 501 F.2d 77, 78 (5th Cir. 1974) (“[The
district court] lacked the authority to order a new trial when one
had not been requested by the defendant.”). And because our own
“authority to order a new trial must arise from the grant of powers
to the district court,” we can’t remand for a new trial if there wasn’t
a motion below. DiBernardo, 880 F.2d at 1225.
Nothing about this case is “really exceptional,” and, for the
reasons we’ve explained, the evidence here doesn’t preponderate
heavily against the verdict. And Jeffrey never moved the district
court for a new trial. Both after he rested and after the jury re-
turned its verdict, he told the district court that he had no motions.
Indeed, since the verdict, he’s made no motions of any kind. One
way or another, then, Jeffrey isn’t entitled to a new trial.
The Restitution
Jeffrey’s last argument is that the district court was required
to make “individualized findings . . . regarding the scope of Jeffrey’s
own jointly undertaken criminal activity” such that the govern-
ment could show “the losses proximately caused by him.” The
government, he complains, offered “no bank tracing, forensic ac-
counting, or individualized proof tying particular Georgia, Nevada,
or Massachusetts losses to Jeffrey.” This argument, which Jeffrey
never made to the district court, fails in any event.
Unpreserved restitution challenges are subject to plain error
review. United States v. Utsick, 45 F.4th 1325, 1332 (11th Cir. 2022)
(citing United States v. Jones, 289 F.3d 1260, 1265 (11th Cir. 2002)).
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“To establish plain error, a defendant must show that there was an
(1) error, (2) that is plain, and (3) that affects substantial rights.” Id.
(citing United States v. Castro, 455 F.3d 1249, 1253 (11th Cir. 2006)).
“Where all three conditions are met, we may then exercise our dis-
cretion to notice a forfeited error, but only if the error seriously
affects the fairness, integrity, or public reputation of judicial pro-
ceedings.” Id.
The Mandatory Victims Restitution Act requires a district
court to order restitution to the victims of certain offenses, includ-
ing conspiracy to commit mail fraud. 18 U.S.C. § 3663A(a)(1),
(c)(1)(A)(ii), (c)(1)(B) (including “offense[s] against property under
this title,” such as “any offense committed by fraud or deceit,”
where “an identifiable victim or victims has suffered a physical in-
jury or pecuniary loss”). Where the offense involves a conspiracy,
a victim is anyone “directly harmed” by the defendant’s “criminal
conduct in the course of the scheme, conspiracy, or pattern.” Id.
§ 3663A(a)(2). The definition of “victim” is “expansive.” United
States v. Brown, 665 F.3d 1239, 1252 (11th Cir. 2011).
Restitution for such an offense is accordingly not “limited to
the specific act of fraud underlying the mailing . . . for which the
defendant is convicted.” United States v. Foley, 508 F.3d 627, 635
(11th Cir. 2007) (quoting United States v. Hasson, 333 F.3d 1264, 1276
n.13 (11th Cir. 2003)). Instead, “when the crime of conviction in-
cludes a scheme, conspiracy, or pattern of criminal activity as an
element of the offense, the court may order restitution for acts of
related conduct for which the defendant was not convicted.”
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20 Opinion of the Court 25-14537
United States v. Dickerson, 370 F.3d 1330, 1339 (11th Cir. 2004) (cita-
tion modified). It suffices for the harm to be “closely related to the
scheme.” Id. at 1339, 1343.
Within those bounds, the court must order “restitution to
each victim in the full amount of each victim’s losses . . . and with-
out consideration of the economic circumstances of the defend-
ant.” 18 U.S.C. § 3664(f)(1)(A). Although restitution must be based
on the amount of actual loss, United States v. Moss, 34 F.4th 1176,
1193 (11th Cir. 2022), and must reflect each victim’s loss proxi-
mately caused by the defendant’s conduct, United States v. Martin,
803 F.3d 581, 594 (11th Cir. 2015), the defendant’s conduct “need
not be the sole cause of the loss.” United States v. Collins, 854 F.3d
1324, 1336 (11th Cir. 2017) (citation modified). And where “more
than [one] defendant has contributed to the loss of a victim, the
court may make each defendant liable for payment of the full
amount of restitution or may apportion liability among the defend-
ants.” 18 U.S.C. § 3664(h). The Act “specifically contemplates joint
and several liability.” United States v. Puentes, 803 F.3d 597, 605
(11th Cir. 2015).
Jeffrey never objected that the district court hadn’t made suf-
ficiently individualized findings, so we review the amount of resti-
tution for plain error. And there was no plain error here. The dis-
trict court was allowed to hold Jeffrey responsible for the harm he
caused “in the course of the . . . conspiracy.” 18 U.S.C.
§ 3663A(a)(2). And it found, clearly and specifically, that Jeffrey cre-
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25-14537 Opinion of the Court 21
ated the portals and managed others as one of the conspiracy’s lead-
ers. Those findings, together with the uncontested loss amounts
in the presentence report, justified attributing the entire loss
amount to him. Id. § 3664(h); see also, e.g., United States v. Grady, 18
F.4th 1275, 1289 (11th Cir. 2021) (“Here, the losses in question re-
sulted from acts which were part of the conspiracy of which [the
defendants] were convicted. Therefore, the district court had the
authority to hold them jointly and severally liable for the full
amount of restitution.”). Nothing required the government to
trace particular dollars into his pocket; restitution was available
with respect to the “entire scheme or artifice to defraud.” Foley,
508 F.3d at 635.
Pointing