Eighth Circuit -- United States v. Sholom Rubashkin

Where judge was involved in ex parte pretrial proceedings with prosecution and ICE, jury verdict was not irrevocably tainted.

Probable acquittal is a necessary condition for 33(b) motion for new trial.

No abuse of discretion in scheduling trial on financial charges before immigration ones.

No error in admission of evidence on immigration charges in financial trial.

No plain error in intent jury instructions.

Money laundering charges did not merge with the other crimes.

No substantive/procedural error in sentence.

United States v. Sholom Rubashkin