Thursday, August 04, 2011

Sixth Circuit -- USA v. Aaron Harvey

USA v. Aaron Harvey 

Trial court can reasonably find that deft's claim that he intended at time of purchase to keep the guns for himself was bogus.

Deft crossing witness on inconsistencies in initial interviews opened the door to admission of deft's recorded statement.

No error in court using motive/intent instruction where it doesn't seem to be relevant.

No error in judge reading extended sections of transcript to jury in response to questions.

No error in sentencing bump, as jury could reasonably find that deft knew that the guns would be used in drug crimes.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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Author's SSRN page here.