U.S. v. McCLELLAND

No. 97-5014.

141 F.3d 967 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James K. McCLELLAND, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 7, 1998.


Attorney(s) appearing for the Case

Joel L. Wohlgemuth (Christine D. Little, also of Norman & Wohlgemuth, Tulsa, OK, with him on the briefs), for Defendant-Appellant.

Kevin C. Leitch, Assistant U.S. Attorney (Stephen C. Lewis, United States Attorney, Tulsa, OK, with him on the brief), for Plaintiff-Appellee.

Before BALDOCK, LOGAN, and LUCERO, Circuit Judges.


LOGAN, Circuit Judge.

Defendant James K. McClelland appeals his conviction by a jury of causing interstate transportation of securities and moneys knowing they were taken by fraud and inducing interstate travel, in violation of 18 U.S.C. § 2314, and conspiracy, in violation of 18 U.S.C. § 371. Defendant contends (1) that the government's failure to preserve evidence denied him due process; and that the district court abused its discretion in (2) permitting...

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