Tenth Circuit· 12/14/2011

United States v. Fleming

Citations

667 F.3d 1098
2011 U.S. App. LEXIS 24730
2011 WL 6188749

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

applying clear error review to the district court's determination that the defendant's out-of-court statements constituted an attempt to obstruct justice for the purposes of § 3C1.1
considering whether the prosecutor’s comments violated the defendant’s substantial rights by analyzing the statement in the context of the entire trial
“[Attempting to ... influence a witness through a third-party intermediary may constitute a substantial step sufficient to justify application of an obstruction of justice enhancement.”
requiring the court, even when analyzing prosecutorial misconduct, to first determine whether the prosecutor’s statements were improper, and if so, whether the statements were harmless
on plain-error review, “reversal is warranted only when ... the defendant demonstrates that the [prosecutor’s] improper statement affected his or her substantial rights”
“We need not decide whether the prosecutor’s comment . . . was improper, because even if it were, [the defendant] has not demonstrated that the statement violated his substantial rights.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gorsuch, Anderson, Matheson

Read full opinion on CourtListener

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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