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Criminal Law

: Tenth Circuit Blog

District Court Improperly Limited Government's Presentation of Evidence Supporting Allegations in Indictment

By Shari Allison

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U.S. v. Schneider, No.s. 09-3028 & 09-3045 (2/8/10) (Published) - The 10th reverses a district court's prohibiting the government from presenting evidence supporting all of its allegations in one count of the indictment. The count charged the defendants with dispensing controlled substances resulting in the death of 18 people. The district court told the government it could present evidence only regarding the first listed victim, mostly because the district court didn't want the trial to last too long. The 10th held that, given a 2002 change in 18 U.S.C. § 3731, the 10th had jurisdiction to consider the effective dismissal of part of a count. The 10th regarded the district court's decision as akin to dismissing a count rather than an evidentiary decision...continue to full post

Full post as published by Tenth Circuit Blog on February 10, 2010 (boomark / email).

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