United States v. Daniel E. Danford, 435 F.3d 682 (7th Cir. 2006). · Go Syfert
United States v. Daniel E. Danford, 435 F.3d 682 (7th Cir. 2006). Cases Citing This Book View Copy Cite
74 citation events (74 in the last 25 years) across 8 distinct courts.
Strongest positive: Plemmons v. Rokey (ilnd, 2024-04-03)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Plemmons v. Rokey
N.D. Ill. · 2024 · confidence medium
July 31, 2023); United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2005) (“[J]urors are presumed to follow limiting and curative instructions unless the matter improperly before them is so powerfully incriminating that they cannot reasonably be expected to put it out of their minds.” (quoting United States v. Smith, 308 F.3d 726, 739 (7th Cir. 2002))).
discussed Cited as authority (rule) United States v. Young-Bey
D.D.C. · 2024 · signal: cf. · confidence medium
Cf. United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2006) (upholding district court’s denial of mistrial after a letter containing prejudicial information was inadvertently published to the jury for “a relatively short period of time (about one minute)”).
cited Cited as authority (rule) Allisah Love v. City of Chicago
7th Cir. · 2021 · confidence medium
Morgan v. City of Chi., 822 F.3d 317, 342 (7th Cir. 2016) (quoting United States v. Danford, 435 F.3d 682, 688 (7th Cir. 2005)).
discussed Cited as authority (rule) Robert Farnik v. City of Chicago (2×) also: Cited "see"
7th Cir. · 2021 · confidence medium
And our review is highly deferential—“the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir. No. 19-2104 13 2006) (internal quotation marks omitted).
cited Cited as authority (rule) Clifton Morgan v. City of Chicago
7th Cir. · 2016 · confidence medium
United States v. Danford, 435 F.3d 682, 687 (7th Cir.2005).
discussed Cited as authority (rule) United States v. Scott Adkins
7th Cir. · 2014 · confidence medium
Third, we presume that jurors “follow limiting and curative instructions unless the matter improperly before them is so powerfully incriminating that they cannot reasonably be expected to put it out of their minds.” Id. (quoting United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006)).
cited Cited as authority (rule) United States v. Cristobal Vargas
7th Cir. · 2012 · confidence medium
United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006).
discussed Cited as authority (rule) Byron Christmas v. City of Chicago
7th Cir. · 2012 · confidence medium
In addition, we utilize a highly deferential standard of review because, “the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006).
cited Cited as authority (rule) United States v. Rutley
7th Cir. · 2012 · confidence medium
See United States v. Littrice, 666 F.3d 1053 ,-1060 (7th Cir.2012); United States v. Danford, 435 F.3d 682, 689 (7th Cir.2006).
cited Cited as authority (rule) United States v. Mervyn T. Rutley
7th Cir. · 2012 · confidence medium
See United States v. Littrice, 666 F.3d 1053, 1060 (7th Cir. 2012); United States v. Danford, 435 F.3d 682, 689 (7th Cir. 2006).
discussed Cited as authority (rule) United States v. Peugh
7th Cir. · 2012 · confidence medium
Because restitution is calculated based on a preponderance of the evidence, see 18 U.S.C. § 3664 (e); United States v. Danford, 435 F.3d 682, 689 (7th Cir.2006) — a lower standard than beyond a reasonable doubt — Peugh’s acquittals on counts 1 and 2 had no bearing on the amount of restitution to be ordered for his conviction on count 3.
cited Cited as authority (rule) United States v. Benabe
7th Cir. · 2011 · confidence medium
United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006).
cited Cited as authority (rule) United States v. Jones
7th Cir. · 2010 · confidence medium
The ultimate inquiry is whether the defendant wás deprived of a fair trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006) (internal quotation marks and citation omitted).
cited Cited as authority (rule) United States v. Simmons
7th Cir. · 2009 · confidence medium
United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006).
discussed Cited as authority (rule) United States v. Lauderdale
7th Cir. · 2009 · confidence medium
We use such a highly deferential standard of review because, “the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006) (in *661 ternal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Ronnie Lauderdale
7th Cir. · 2009 · confidence medium
We use such a highly deferential standard of review because, “the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to 8 No. 08-2428 what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir. 2006) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Bermea-Boone
7th Cir. · 2009 · confidence medium
“Our review is highly deferential because the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Francisco Bermea-Boone
7th Cir. · 2009 · confidence medium
“Our review is highly deferential because the trial judge is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Danford, 435 F.3d 682, 686 (7th Cir. 2006) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Green
3rd Cir. · 2009 · confidence medium
See, e.g., United States v. Shoup, 476 F.3d 38, 42 (1st Cir.2007) (911 phone call made “only one or two minutes ... immediately following” event admissible); United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006) (statement made “less than 60 seconds” after witnessing robbery qualified as present-sense impression); United States v. Jackson, 124 F.3d 607, 618 (4th Cir.1997) (statement by witness to police upon their arrival at scene that defendant was threatening to kill her family was admissible as “description of ongoing events”); Blakey, 607 F.2d at 779, 785-86 (not error to …
discussed Cited as authority (rule) United States v. Green
3rd Cir. · 2009 · confidence medium
See, e.g., United States v. Shoup, 476 F.3d 38, 42 (1st Cir. 2007) (911 phone call made “only one or two minutes ... immediately following” event admissible); United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2006) (statement made “less than 60 seconds” after witnessing robbery qualified as present-sense impression); United States v. Jackson, 124 F.3d 607, 618 (4th Cir. 1997) (statement by witness to police upon their arrival at scene that defendant was threatening to kill her family was admissible as “description of ongoing events”); Blakey, 607 F.2d at 779, 785-86 (not error …
discussed Cited as authority (rule) United States v. Prieto (2×)
7th Cir. · 2008 · confidence medium
The appellants first argue that Martinez’s testimony about their post-arrest silence warranted a mistrial. 2 “[B]e-cause the trial court ‘is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial,’ we review the court’s denial of a motion for mistrial for an abuse of discretion.” United States v. Curry, 538 F.3d 718, 726-27 (7th Cir.2008) (quoting United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006)).
discussed Cited as authority (rule) United States v. Prieto, Thomas (2×)
7th Cir. · 2008 · confidence medium
However, we do (continued...) Nos. 07-3484 & 07-3485 17 “[B]ecause the trial court ‘is in the best position to deter- mine the seriousness of the incident in question, particu- larly as it relates to what has transpired in the course of the trial,’ we review the court’s denial of a motion for mistrial for an abuse of discretion.” United States v. Curry, 538 F.3d 718, 726-27 (7th Cir. 2008) (quoting United States v. Danford, 435 F.3d 682, 686 (7th Cir. 2006)).
discussed Cited as authority (rule) United States v. Green
3rd Cir. · 2008 · confidence medium
See, e.g., United States v. Shoup, 476 F.3d 38, 42 (1st Cir.2007) (911 phone call made “only one or two minutes ... immediately following” event admissible); United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006) (statement made “less than 60 seconds” after witnessing robbery qualified as present-sense impression); United States v. Jackson, 124 F.3d 607, 618 (4th Cir.1997) (statement by witness to police upon their arrival at scene that defendant was threatening to kill her family was admissible as “description of ongoing events”); Blakey, 607 F.2d 779, 785-86 (not error to adm…
discussed Cited as authority (rule) United States v. Green
3rd Cir. · 2008 · confidence medium
See, e.g., United States v. Shoup, 476 F.3d 38, 42 (1st Cir. 2007) (911 phone call made “only one or two minutes ... immediately following” event admissible); United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2006) (statement made “less than 60 seconds” after witnessing robbery qualified as present-sense impression); United States v. Jackson, 124 F.3d 607, 618 (4th Cir. 1997) (statement by witness to police upon their arrival at scene that defendant was threatening to kill her family was admissible as “description of ongoing events”); Blakey, 607 F.2d 779, 785-86 (not error to …
discussed Cited as authority (rule) United States v. Curry, Daniel W. (2×)
7th Cir. · 2008 · confidence medium
United States v. Danford, 435 F.3d 682, 686 (7th Cir. 2006).
discussed Cited as authority (rule) United States v. Curry (2×)
7th Cir. · 2008 · confidence medium
United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006).
discussed Cited as authority (rule) United States v. Rodriguez, Antonio
7th Cir. · 2007 · confidence medium
The final instructions to the jurors reminded them “not to pay attention to any testimony that was stricken, or any statements of counsel made to the court concerning those matters.” We review the district court’s denial of Rodriguez’s motion for a mistrial for an abuse of discretion, United States v. Glover, 479 F.3d 511, 520 (7th Cir.2007), and will affirm absent “a strong conviction that the district court erred,” United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006) (quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Carani (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
When reviewing the language of a supplemental jury instruction, we consider three factors: “(1) whether the instructions as a whole fairly and adequately treat the issues; (2) whether the supplemental instruction is a correct statement of the law; and (3) whether the district court answered the jury’s questions specifically.” United States v. Danford, 435 F.3d 682, 688 (7th Cir.2006) (citing Sims, 329 F.3d at 943 ; Young, 316 F.3d at 662 ).
discussed Cited as authority (rule) United States v. Carani, Fabio (2×) also: Cited "see"
7th Cir. · 2007 · confidence medium
When reviewing the language of a supplemental jury instruction, we consider three factors: “(1) whether the instructions as a whole fairly and adequately treat the issues; (2) whether the supplemental instruction is a correct statement of the law; and (3) whether the district court answered the jury’s questions specifically.” United States v. Danford, 435 F.3d 682, 688 (7th Cir. 2006) (citing Sims, 329 F.3d at 943 ; Young, 316 F.3d at 662 ).
cited Cited as authority (rule) United States v. Gale Nettles
7th Cir. · 2007 · confidence medium
United States v. Dan-ford, 435 F.3d 682, 687 (7th Cir.2006).
cited Cited as authority (rule) United States v. Nettles, Gale
7th Cir. · 2007 · confidence medium
United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2005).
cited Cited as authority (rule) United States v. LaGrou Distribution Systems, Inc.
7th Cir. · 2006 · confidence medium
United States v. Danford, 435 F.3d 682, 689 (7th Cir.2006); United States v. George, 403 F.3d 470, 473 (7th Cir.2005).
cited Cited as authority (rule) United States v. Frith, James
7th Cir. · 2006 · confidence medium
United States v. Danford, 435 F.3d 682, 689 (7th Cir. 2006); United States v. Dorsey, 27 F.3d 285, 291 (7th Cir. 1994).
discussed Cited as authority (rule) United States v. Tolliver, John L.
7th Cir. · 2006 · confidence medium
As for treatment of nontestimonial hearsay under the Confrontation Clause, Crawford left the issue unresolved, stating: “Where nontesti- monial hearsay is at issue, it is wholly consistent with the Framers’ design to afford the States flexibility in their develop- ment of hearsay law—as does [Ohio v.] Roberts [ 448 U.S. 56 (1980)], and as would an approach that exempted such statements from Confrontation Clause scrutiny altogether.” 541 U.S. at 68 ; see also id. at 61 ; United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2005); United States v. Dumeisi, 424 F.3d 566, 576 (7th Cir. 20…
discussed Cited as authority (rule) United States v. John L. Tolliver and Archie Dunklin, Jr.
7th Cir. · 2006 · confidence medium
As for treatment of nontestimonial hearsay under the Confrontation Clause, Crawford left the issue unresolved, stating: “Where nontes-timonial hearsay is at issue, it is wholly consistent with the Framers’ design to afford the States flexibility in their development of hearsay law — as does [Ohio v.] Roberts [ 448 U.S. 56 , 100 S.Ct. 2531 (1980)], and as would an approach that exempted such statements from Confrontation Clause scrutiny altogether.” 541 U.S. at 68 , 124 S.Ct. 1354 ; see also id. at 61, 100 S.Ct. 2531 ; United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006); United S…
discussed Cited as authority (rule) State v. Feliciano
R.I. · 2006 · confidence medium
Next, although the trial justice did not have the benefit of the Supreme Court’s holding in Crawford during trial, we are satisfied, based on our de novo review in such matters, State v. Campbell, 691 A.2d 564, 569 (R.I.1997) (stating that mixed questions of law and fact that have an impact on constitutional matters call for de novo review), that the decedent’s casual remark to an acquaintance was not “testimonial” because it was not “a solemn declaration or affirmation made for the purpose of establishing or proving some fact.” Davis, 126 S.Ct. at 2274 (quoting Crawford, 541 U.S. …
cited Cited "see" United States v. Francis Sanchez
7th Cir. · 2013 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 688 (7th Cir.2005); United States v. Tadros, 310 F.3d 999, 1006 (7th Cir.2002).
discussed Cited "see" United States v. Bp Products North America Inc.
S.D. Tex. · 2009 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 689 (7th Cir.2006) (“[Restitution ‘is not a criminal punishment but a civil remedy administered for convenience by courts that have entered criminal convictions.’ Restitution is determined by the judge using the lower preponderance of the evidence standard.”) (quoting United States v. George, 403 F.3d 470, 473 (7th Cir.2005)); United States v. Ziskind, 471 F.3d 266, 269 (1st Cir.2006), cert. denied, 549 U.S. 1316 , 127 S.Ct. 1902 , 167 L.Ed.2d 384 (2007); United States v. May, 413 F.3d 841, 849 (8th Cir.2005) (concluding that Apprendi does no…
discussed Cited "see" United States v. Clark
7th Cir. · 2008 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006) (noting that jurors are presumed to be capable of disregarding improper evidence presented to them unless the evidence is so incriminating that they could not be expected to put it out of their minds).
discussed Cited "see" United States v. Clark, Timothy
7th Cir. · 2008 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2006) (noting that jurors are presumed to Nos. 07-1336 and 07-1411 17 be capable of disregarding improper evidence presented to them unless the evidence is so incriminating that they could not be expected to put it out of their minds).
discussed Cited "see" United States v. Nunez
7th Cir. · 2008 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006) (noting that jurors are presumed to be capable of disregarding improper evidence presented to them unless the evidence is so incriminating that they could not be expected to put it out of their minds).
discussed Cited "see" United States v. Nunez, Fausto
7th Cir. · 2008 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2006) (noting that jurors are pre- sumed to be capable of disregarding improper evidence presented to them unless the evidence is so incriminating that they could not be expected to put it out of their minds).
cited Cited "see" United States v. David H. Swanson
7th Cir. · 2007 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 689 (7th Cir.2005).
cited Cited "see" United States v. Swanson, David H.
7th Cir. · 2007 · signal: see · confidence high
See United States v. Danford, 435 F.3d 682, 689 (7th Cir. 2005).
discussed Cited "see" United States v. Phillips, Howard D. (2×) also: Cited "see, e.g."
7th Cir. · 2006 · signal: see · confidence high
See Danford, 435 F.3d at 686-87 .) With respect to the second factor, Phillips is correct that the defense did not invite the misconduct.
cited Cited "see, e.g." United States v. Collins
7th Cir. · 2010 · signal: see, e.g. · confidence medium
See, e.g., United States v. Curry, 538 F.3d 718, 727 (7th Cir.2008), citing United States v. Danford, 435 F.3d 682, 686 (7th Cir.2006).
discussed Cited "see, e.g." Aamco Transmissions, Inc. v. Baker
E.D. Pa. · 2008 · signal: compare · confidence medium
Compare United States v. Shoup, 476 F.3d 38, 42 (1st Cir.2007) (911 phone call made “only one or two minutes ... immediately following” event admissible), United States v. Danford, 435 F.3d 682, 687 (7th Cir.2006) (statement made “less than 60 seconds” after witnessing robbery qualified as present-sense impression), and United States v. Jackson, 124 F.3d 607, 618 (4th Cir.1997) (statement by witness to police upon their arrival at scene that defendant was threatening to kill her family was admissible as “description of ongoing events”), with United States v. Manfre, 368 F.3d 832, 8…
discussed Cited "see, e.g." State v. McKenzie, Unpublished Decision (11-2-2006)
Ohio Ct. App. · 2006 · signal: see also · confidence low
See Crawford, 541 U.S. at 68 (reasoning that `[w]here nontestimonial hearsay is at issue, it is wholly consistent with the Framers' design to afford the States flexibility in their development of hearsay law — as does Roberts , and as would an approach that exempted such statements from Confrontation Clause scrutiny altogether'); see also United States v. Danford, 435 F.3d 682 , 687 (7th Cir. 2005).
discussed Cited "see, e.g." United States v. Thomas, Randell D.
7th Cir. · 2006 · signal: see also · confidence medium
Where a hearsay statement is found to be nontestimonial, we continue to evaluate the declaration under Ohio v. Roberts, 448 U.S. 56 (1980).2 See Crawford, 541 U.S. at 68 (reasoning that “[w]here nontestimonial hearsay is at issue, it is wholly consistent with the Framers’ design to afford the States flexibility in their development of hearsay law—as does Roberts, and as would an approach that exempted such statements from Confrontation Clause scrutiny altogether”); see also United States v. Danford, 435 F.3d 682, 687 (7th Cir. 2005).
discussed Cited "see, e.g." United States v. Randell D. Thomas
7th Cir. · 2006 · signal: see also · confidence medium
Where a hearsay statement is found to be nontestimonial, we continue to evaluate the declaration under Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 (1980). 2 See Crawford, 541 U.S. at 68 , 124 S.Ct. 1354 (reasoning that “[w]here nontestimonial hearsay is at issue, it is wholly consistent with the Framers’ design to afford the States flexibility in their development of hearsay law — as does Roberts , and as would an approach that exempted such statements from Confrontation Clause scrutiny altogether”); see also United States v. Danford, 435 F.3d 682, 687 (7th Cir.2005)…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel E. DANFORD, Defendant-Appellant
04-4232, 05-1539.
Court of Appeals for the Seventh Circuit.
Jan 18, 2006.
435 F.3d 682
Stephen P. Sinnott. (argued), Timothy M. O’Shea, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Stephen J. Eisenberg (argued), Madison, WI, for Defendant-Appellant.
Bauer, Manton, Williams.
Cited by 54 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 72%
Citer courts: N.D. Illinois (1)
BAUER, Circuit Judge.

Defendant-Appellant Daniel E. Danford appeals his convictions on three counts of[*685] mail fraud under 18 U.S.C. § 1341 and two counts of interstate transportation of a security taken by fraud under 18 U.S.C. § 2314. Danford argues that the district court abused its discretion in four ways: (1) by denying his motion for mistrial; (2) in admitting evidence under the FRE 803 exception to the hearsay rule; (3) by responding to jurors’ questions during their deliberations; and (4) in calculating restitution. Further, Danford contends that his sentence was unreasonable. We affirm the decision of the district court and find that Danford’s sentence was reasonable.

Background

Danford was the owner of Danford Jewelers, a jewelry store in Madison, Wisconsin. On June 18, 1998, police responded to an alarm at the store, where Danford reported that he had been robbed at gunpoint. Danford told the police that the robber had taken almost all of the store’s inventory.

Danford said that early the morning of June 18, 1998, he went to his office alone. Danford’s office was located in the same building as Danford Jewelers, but the office was on the second-floor and was not connected to the store. He said that a robber came into his second-floor office and forced him at gunpoint to go downstairs and unlock the store. Danford said that the robber forced him to disarm the alarm system, open the safe, and empty the jewelry from the safe into a bag.

Normally, Danford did not open the store nor deactivate the alarm. A few weeks prior to the reported robbery, Dan-ford had asked the store manager to refresh him on- how to disarm the alarm because he had lost his password.

After reporting the robbery, Danford filed an insurance claim. The store employees compiled a list of all the stolen items. The final list of stolen items was signed under oath by Danford in front of his attorney, notarized, and then mailed to the insurance company to support his claim.

For reasons not pertinent to this appeal, the insurance company did not pay Dan-ford’s claim immediately. After some litigation, in March of 1999 the insurance company finally paid Danford for the entire claim amount, totaling $1,235,464.

Starting about eight months after the claim was paid, during the busy holiday shopping season in November of 1999, Danford began slipping into the store’s inventory items that had been reported stolen. When Danford re-introduced these items he did not follow the store’s typical inventory procedures. Instead, Danford brought the jewelry back to the store in batches and directed his bookkeeper to put them in inventory. Unlike the standard procedures for new inventory at the store, these batches of jewelry had no accompanying invoices. Moreover, the re-introduced items did not have their original inventory tags. Thus, nothing on the jewelry pieces indicated that they had ever been in the store before.

From time to time, as a shareholder of Danford Jewelers, Danford had borrowed money from the company. With the reintroduced batches, Danford gave his bookkeeper a handwritten list (rather than the typical invoice), with dollar amounts listed that Danford had assigned to the pieces himself. Explaining that the items came either from him personally or from a partnership that Danford and his father-in-law had established to buy jewelry at estate sales, he directed the bookkeeper to “trade” the value of the jewelry against the shareholder debt that he owed to the company.

Each time Danford re-introduced a batch of jewelry with the handwritten sheet, the bookkeeper would put the item back into inventory, give it a new number,[*686] and then offset the value of each item against the debt that Danford owed to the business. In total, Danford introduced more than $170,000 of the stolen jewelry-back into the store and directed his bookkeeper to credit the outstanding debt on his account with the “new” pieces.

During the holiday season of 1999 employees began recognizing that some items previously reported stolen were re-appearing in the store. Some employees started to talk about these suspicions. Finally, Danford heard about the rumors and called an employee into his office to confront her about the accusations. She explained to an angry Danford that she was not accusing him of robbing the store but rather she was confused as to where the jewelry that had been reported stolen was coming from. Danford lied to his employee and explained that he had bought the jewelry items from the store himself so that the books would look good for the bank.

Danford strung together several other lies to cover-up his scheme. He even went so far as to threaten a goldsmith who was leaving the company, warning him not to say anything about what went on in the store. Eventually, in the spring of 2000, Danford went an extra step and began melting down some jewelry in the store’s goldsmith shop after work hours.

In June of 2000, agents executed federal search warrants at both Danford Jewelers and Danford’s house. They found several items of jewelry in both locations and found the inventory records at the store. Not remarkably, the items recovered at Danford’s home and his store matched the items described on Danford’s list of stolen items. Further, at trial, several vendors testified that some of the recovered jewelry carried unique serial numbers or were one-of-a-kind items, making identification of these items as pre-robbery pieces easy.

Danford first argues that the district court abused its discretion by denying his motion for a mistrial. He contends that prejudicial evidence was published to the jury and that the district court failed to determine fully what jurors were exposed to that evidence. Further, Danford asserts the district court failed to give a proper curative instruction to the jury regarding the prejudicial information.

We review a district court’s denial of a motion for mistrial under an abuse of discretion standard. United States v. Smith, 308 F.3d 726, 739 (7th Cir.2002). Our review is highly deferential because the trial judge “is in the best position to determine the seriousness of the incident in question, particularly as it relates to what has transpired in the course of the trial.” United States v. Clarke, 227 F.3d 874, 881 (7th Cir.2000). We will reverse a district court’s denial of a mistrial only if “we have a strong conviction that the district court erred.” Id. The ultimate inquiry “is whether the defendant was deprived of a fair trial.” Id.

After the prosecutor inadvertently published to the jury a letter containing the prejudicial (but irrelevant) information, defense counsel moved for a mistrial, contending that the mistake prejudiced the entire jury. The district court judge surveyed the jury in an attempt to resolve the problem. The letter was re-published in redacted form and the judge inquired as to whether any of the jurors had read the letter in its entirety. One juror responded that she had read the entire letter; the judge admonished her not to discuss that information with any of the jurors and to disregard its content completely. Further, the judge offered to strike the juror in question and replace her with an alternate juror but Danford declined.

[*687] This Court has noted before “that jurors are presumed to follow limiting and curative instructions unless the matter improperly before them is so powerfully incriminating that they cannot reasonably be expected to put it out of their minds.” Smith, 308 F.3d at 739 (citing Richardson v. Marsh, 481 U.S. 200, 207-08, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987)). In this case, we assume no different. The irrelevant information was before the jury for a relatively short period of time (about one minute) and was published during testimony of the prosecution’s witness. Additionally, the judge gave a curative and limiting instruction to the jury and even offered to remove the juror who had read the irrelevant information. From this vantage point we see no abuse of discretion on the district court’s part when it denied Danford’s motion for mistrial.

Danford contends that the district court erred when it admitted hearsay evidence at his trial that was testimonial in nature and violated his Sixth Amendment right to confront a witness under the Supreme Court’s holding in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). We review de novo district court rulings that affect a defendant’s Sixth Amendment right to confront a witness. United States v. Castelan, 219 F.3d 690, 694 (7th Cir.2000).

At trial, Stephanie Kurka, a former Danford Jewelers employee, testified that approximately two weeks before the robbery occurred she witnessed the Danford Jewelers store manager with Danford talking in front of the store’s alarm system. Immediately following that conversation (less than 60 seconds later), Kurka asked the manager what had happened. The manager explained that she was demonstrating to Danford how to disarm the alarm because Danford had lost his password.

While the Court in Crawford declined to “spell out a comprehensive definition of ‘testimonial,’ ” it did offer clarifying examples of what testimonial hearsay covers. Crawford, 541 U.S. at 68, 124 S.Ct. 1354. Testimonial hearsay includes prior testimony from a preliminary hearing or testimony in response to police interrogations. Id. When nontestimonial hearsay is offered, however, the Court maintains that a judicial determination of reliability is sufficient. Id. See also Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980). The Court further noted that “[a]n accuser who makes a formal statement to government officers bears testimony in a sense that a person who makes a casual remark to an acquaintance does not.” Crawford, 541 U.S. at 51, 124 S.Ct. 1354.

In this case, the conversation between Ms. Kurka and the store manager is more akin to a casual remark than it is to testimony in the Crawford-sense. Id. Accordingly, we hold that the district court did not err in admitting this testimony under fed. R. Evid. 803(1), the present-sense impression exception to the hearsay rule.

Danford next argues that the district court abused its discretion when it answered questions posed by the jury during deliberations. The jury sent two questions to the judge seeking clarification of the initial instructions. Danford contends that the district court’s answers were inconsistent, and thus served to confuse the jury. He objected to the district court’s answer to the jury’s first question; the second answer, however, Danford approved.

The Court reviews a district court’s response to jury questions for abuse of discretion. United States v. Young, 316 F.3d 649, 661 (7th Cir.2002). His “right to object to jury instructions on appeal is waived if the record illustrates that the defendant approved of the instructions at issue.” United States v. Griffin, [*688] 84 F.3d 912, 924 (7th Cir.1996). Therefore, Danford waived his right to appeal the second answer.

When reviewing supplemental instructions given by a district court to the jury, this' Court examines three factors: (1) whether the instructions as a whole fairly and adequately treat the issues; (2) whether the supplemental instruction is a correct statement of the law; and (3) whether the district court answered the jury’s questions specifically. United States v. Sims, 329 F.3d 937, 943 (7th Cir.2003); Young, 316 F.3d at 662.

The jury specifically sought clan-fication of whether Danford’s scheme had to begin on the date charged in the indictment. In response, the judge issued two instructions telling the jury that the scheme did not have to begin on the date alleged in the indictment. But, the judge explained, before convicting Danford on any specific count, the jury must find that a scheme was in existence at the time of the mailing at issue. This is a correct statement of law. Further, since the jury did not read the answers in a vacuum, when the supplemental instructions are read together with the original instructions, it is clear that the court did not abuse its discretion in its answers to the jury-

Danford next argues that his case should be remanded for resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). He contends that his sentence was unreasonable. Under Booker, this Court reviews a defendant’s sentence for reasonableness. Id. at 765-66.

The district' court, however, understood the potential problems posed by the Supreme Court’s pending Booker decision. The district judge proceeded by viewing the Sentencing Guidelines as suggestive rather than mandatory. After determining proper restitution and finding of loss, the district judge sentenced Danford to a 60-month sentence. If the court had followed the Guidelines, it would have sentenced Danford to the statutory range of 70 to 87 months. Danford does not argue that there was any basis for a downward departure.

Booker did not precisely define “reasonableness,” but it did state that the factors listed in 18 U.S.C. § 3553(a) should guide appellate courts in ascertaining if a sentence is unreasonable. As this Court has held, “Judges need not rehearse on the record all of the considerations that 18 U.S.C. § 3553(a) lists; it is enough to calculate the range accurately and explain why (if the sentence lies outside it) this defendant deserves more or less.” United States v. George, 403 F.3d 470, 472-73 (7th Cir.2005).

Here, the district judge found several important factors that led to the sentence she imposed: the substantial loss to the insurance company, Danford’s attempts to obstruct justice (which included at least one threat to a witness and false trial testimony), Danford’s staging of the robbery, his highly sophisticated and carefully planned course of conduct in planning the scheme, and his prior criminal conduct. Because of the judge’s thorough record at sentencing, we feel a Paladino remand is unnecessary. United States v. Paladino, 401 F.3d 471, 482-83 (7th Cir.2005). When these factors are combined with the district judge’s use of the guidelines as suggestive rather than mandatory, we find that Danford’s sentence is reasonable.

Lastly, Danford challenges the district court’s calculation of restitution. According to Danford, the restitution amount should have been between $120,000 and $200,000 based on the jury’s post-verdict finding. Instead, the district court awarded restitution equal to the in[*689] surer’s loss, which was $1,235,464. This Court reviews the district court’s calculation of restitution for abuse of discretion. United States v. Swanson, 394 F.3d 520, 526 (7th Cir.2005).

Danford’s argument is wrong. As this Court has noted, restitution “is not a criminal punishment but a civil remedy administered for convenience by courts that have entered criminal convictions.” United States v. George, 403 F.3d 470, 473 (7th Cir.2005). Restitution is determined by the judge using the lower preponderance of the evidence standard. See Swanson, 394 F.3d at 526; 18 U.S.C. § 3664(e). As a result, the jury’s post-verdict findings were not binding on the district court. A civil remedy included with a criminal judgment does not make it a “penalty of a crime” that must be established by a jury beyond a reasonable doubt. United States v. Behrman, 235 F.3d 1049, 1054 (7th Cir. 2000).

In this case, Danford was convicted of mail fraud based on a scheme to defraud. The district court, using a preponderance of the evidence standard, found that Dan-ford staged the robbery as part of an elaborate scheme to defraud his insurance company. The district court determined that Danford ultimately fleeced the insurance company of $1,235,464. Given these findings, we do not believe the judge abused her discretion in setting the restitution amount.

Conclusion

For the reasons stated above, we Affirm Danford’s conviction and sentence.