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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.