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U.S. v. TODD

No. 95-9035.

108 F.3d 1329 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. James M. TODD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 31, 1997.

Attorney(s) appearing for the Case

Gregory Stuart Smith, Federal Defender Program, Atlanta, GA, for defendant-appellant.

Kent Alexander, U.S. Atty., Bryan J. Farrell, Asst. U.S. Atty., Atlanta, GA, for plaintiff-appellee.

Before ANDERSON, Circuit Judge, and FAY and KRAVITCH, Senior Circuit Judges.

FAY, Senior Circuit Judge:

Defendant James M. Todd ("Todd") was convicted on one count of embezzlement from an employee benefit plan in violation of 18 U.S.C. § 664 (1994). Todd appeals his conviction, arguing that the district court erred in excluding certain evidence.1 Because we agree that the district court's evidentiary rulings were erroneous, we reverse the conviction and remand for a new trial.

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