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Jordan: Rejecting Government Cross-Appeal of Probation Sentence

By Tim Cone

In U.S. v. Jordan, No. 06-12563 (Sept. 11, 2009), the Court affirmed convictions and sentences arising out of an Alabama Sheriff?s unlawful use of the National Crime Information Center database to obtain the criminal records of those who voted in a Sheriff?s reelection race (which the Sheriff lost).The Court rejected the argument that the indictment did not give the defendant adequate notice of the charges. The Court rejected the argument that the indictment failed to allege a crime, pointing out that it alleged that the NCIC was used for non-law enforcement purposes, in violation of 18 U.S.C. § 641.The Court also rejected a challenge to the sufficiency of the evidence, pointing out that Jordan, as a lawyer acting for Sheriff Woodward, obtained NCIC printouts, and used some of the information they disclosed...continue to full post

Full post as published by Defense Newsletter Blog on September 11, 2009 (boomark / email).