Fifth Circuit -- USA v. Travis McCabe (12/17)

No claim for improper joinder despite lack of conspiracy charge, given the continuity of the facts between the incidents.

Given the cumulative prejudicial evidence, trial court erred in denying the renewal of the motion to sever.

 Insufficient evidence for backward-looking denial of access to the courts claim (police destruction of corpse), as the government never defined what the prospective S1983 cause of action might be.

Trial court did not plainly err in holding that burning the car was a seizure.

No error in holding that federal obstruction statute does not require that the deft intended to obstruct a specifically federal investigation.

Obstruction statute not overly vague, sufficiently grammatical.

Sentencing bump for aggravating factor does not violate Double Jeopardy.

Trial court did not err in ordering new trial for fabricating police report when a second report turned up. 

USA v. Travis McCabe