Tuesday, August 23, 2011

Sixth Circuit -- USA v. Karl Demmler

USA v. Karl Demmler 

Crim - conviction and sentencing upheld.

No error in denial of entrapment defense, as record indicates deft was predisposed.

Defining "corruptly" as "improper conduct" is invited error, as deft proposed the instruction - no manifest injustice.

When a sentencing enhancement is predicated on deft's scienter, review is of a factual finding - clear error. Here, no error in court holding that deft knew, given scope.

Accessory after the fact need not know to a certainty that principal committed the crime, merely the scope of the crime that was involved.


Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.