U.S. v. SLATTEN

No. 15-3078 Consolidated with 15-3079 15-3080 15-3081.

865 F.3d 767 (2017)

UNITED STATES of America, Appellee v. Nicholas Abram SLATTEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 2017.


Attorney(s) appearing for the Case

Brian M. Heberlig , Washington, appointed by the court, argued the cause for appellants Slough, Liberty and Heard. William F. Coffield , Alexandria, appointed by the court, argued the cause for appellant Liberty. With them on the brief were Michael J. Baratz , Bruce C. Bishop , Linda C. Bailey , David Schertler , Washington, Lisa Hertzer Schertler , Janet Foster and Laina C. Lopez , Washington. Danny C. Onorato , Washington, appointed by the court, entered an appearance.

Timothy J. Simeone , Washington, appointed by the court, argued the cause for appellant Slatten. With him on the briefs were Thomas G. Connolly , Steven A. Fredley and Jared P. Marx , Washington, all appointed by the court.

Timothy P. O'Toole , Kathleen T. Wach and Addy R. Schmitt , Washington, were on the brief for amicus curiae National Association of Criminal Defense Lawyers in support of appellants.

Demetra Lambros , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Anthony Asuncion , Jay I. Bratt , John Crabb Jr. , Christopher R. Kavanaugh , Gregg A. Maisel and Jonathan M. Malis , Assistant U.S. Attorneys.

Opinion concurring in part in, and dissenting in part from, Part II filed by Circuit Judge Brown.


TABLE OF CONTENTS

I. BACKGROUND 777

II. MEJA JURISDICITON/MEJA JURY CHARGE 778

A. Jurisdiction 778 B. Jury Charge 784

III. VENUE 786

IV. NEW TRIAL MOTION 789

A. Background 789 B. Analysis 790

V. SUFFICIENCY OF THE EVIDENCE 792

A. Liberty 792...

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