U.S. v. ROGERS

No. 06-3730.

542 F.3d 197 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony L. ROGERS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 4, 2008.


Attorney(s) appearing for the Case

Tina L. Nommay, David E. Hollar (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.

Patrick J. Arata (argued), Arata Law Firm, Fort Wayne, IN, for Defendant-Appellant.

Before POSNER, WOOD, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

Federal Rule of Evidence 609(b) severely limits the use of a prior conviction to impeach a witness if a period of more than ten years has elapsed since the conviction or the witness's release from any confinement imposed for that conviction. This appeal presents the question of whether probation following a prison term constitutes "confinement" for purposes of the ten-year time limit under Rule 609(b) — in other words, whether the ten...

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