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U.S. v. CLEMMER

No. 89-3787.

918 F.2d 570 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Robert H. CLEMMER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 23, 1990.

Attorney(s) appearing for the Case

Robyn Jones (argued), Office of U.S. Atty., Columbus, Ohio, for plaintiff-appellant.

David C. Greer (argued), Michael W. Krumholtz, Bieser, Greer & Landis, Dayton, Ohio, for defendant-appellee.

Before MERRITT, Chief Judge and KRUPANSKY and MILBURN, Circuit Judges.

MERRITT, Chief Judge.

The United States appeals the District Court's entry of a judgment of acquittal after a jury conviction pursuant to 18 U.S.C. § 3731 (1988).1 The District Court held that the jury could have convicted the defendant on the basis of a factually incorrect statement introduced in the jury instructions. Because we find that the conviction is sound, we reverse and instruct the District Court to enter the conviction...

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