UNITED STATES of America, Plaintiff-Appellee,
v.
Joseph P. NACCHIO, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
March 17, 2008.
March 17, 2008.
Attorney(s) appearing for the Case
Maureen E. Mahoney, Latham & Watkins LLP, Washington, D.C. (Alexandra A.E. Shapiro, J. Scott Ballenger, Nathan H. Seltzer, Latham & Watkins, Washington, D.C.; and Herbert J. Stern and Jeffrey Speiser, Stern & Kilcullen, Roseland, NJ, with her on the briefs), for Defendant-Appellant.
Stephan E. Oestreicher, Jr., U.S. Department of Justice, Criminal Division-Appellate Section, Washington, D.C. (Troy A. Eid, United States Attorney, and James O. Hearty and Kevin T. Traskos, Assistant United States Attorneys, District of Colorado; and Leo J. Wise, U.S. Department of Justice, Criminal Division-Fraud Section, with him on the brief), for Plaintiff-Appellee.
Andrew H. Schapiro, Mayer Brown LLP, New York, NY, and Evan P. Schultz, Mayer Brown LLP, Washington D.C.; Barbara E. Bergman, National Ass'n of Criminal Defense Lawyers, Albuquerque, NM; David B. Smith, English & Smith, Alexandria, VA, for National Ass'n of Criminal Defense Lawyers as Amicus Curiae in support of Defendant-Appellant.
Daniel J. Popeo and Paul D. Kamenar, Washington Legal Foundation, Washington, D.C.; Andrew J. Levander, David S. Hoffner, Jason O. Billy and David P. Staubitz, Dechert LLP, New York, NY; and Michael L. Kichline, Dechert LLP, Philadelphia, PA, for Washington Legal Foundation as Amicus Curiae in support of Defendant-Appellant.
Before KELLY, McCONNELL, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McCONNELL, Circuit Judge.
A Denver jury convicted Joseph Nacchio, the former CEO of Qwest Communications International, Inc., of nineteen counts of insider trading. Mr. Nacchio appeals, arguing that the evidence was insufficient to convict him, that the jury was improperly instructed, and that the trial judge incorrectly excluded evidence— expert testimony and classified information—important to his defense. We agree that the improper exclusion of his...
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