· 8/23/2005
United States v. Robert D. Stewart, Jr., AKA Robert Wilson Stewart, Bob Stewart
Citations
- 420 F.3d 1007
- 2005 U.S. App. LEXIS 18032
- 2005 WL 2008424
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court did not err in admitting audio recording although government did not preserve the original digital recording but instead downloaded the data to disk and offered a duplicate recording at trial
- holding second conviction multiplicitous where government agent’s trial testimony did not establish that defendant’s second false statement added “any additional impairment to his investigation”
- holding second conviction multiplicitous where defendant made identical false statements to same FBI agent
- reviewing de novo the denial of a motion for acquittal based on insufficient evidence
- “[O]ne cannot have the intent required under section 115(a)(1)(B) without also intending to make the threat.”
- “An indictment is multiplicitous when it charges multiple counts for 22 a single offense, producing two penalties for one crime and thus raising double 23 jeopardy questions.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bea, O'Scannlain, Cowen, Cbea
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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