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
July 31, 2009.
July 31, 2009.
Attorney(s) appearing for the Case
Maureen E. Mahoney, Latham & Watkins LLP, Washington, DC (Alexandra A.E. Shapiro, J. Scott Ballenger, and Nathan H. Seltzer, Latham & Watkins LLP, Washington, DC; and Herbert J. Stern and Jeffrey Speiser, Stern & Kilcullen, Roseland, NJ, with her on the briefs), for Defendant-Appellant.
Stephan E. Oestreicher, Jr., Attorney, Criminal Division, Department of Justice, Washington, DC (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, Attorney, Criminal Division, Department of Justice, Washington, DC, with him on the briefs), for Plaintiff-Appellee.
Paul D. Kamenar and Daniel J. Popeo, Washington Legal Foundation, Washington, DC; 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, filed an amicus curiae brief for the Washington Legal Foundation in support of Defendant-Appellant.
Andrew H. Schapiro, Mayer Brown LLP, New York, NY; Evan P. Schultz, Mayer Brown LLP, Washington, DC; David B. Smith, English & Smith, Alexandria, VA; and Barbara E. Bergman, National Association of Criminal Defense Lawyers, Albuquerque, NM, filed an amicus curiae brief for the National Association of Criminal Defense Lawyers in support of Defendant-Appellant.
Before KELLY, McCONNELL, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLMES, Circuit Judge.
Joseph Nacchio, the former CEO of Qwest Communications International, Inc. ("Qwest"), was convicted of nineteen counts of insider trading in federal district court. A divided panel of this court affirmed on several issues but held that certain expert testimony had been improperly excluded. On rehearing en banc, this court changed course, holding that the expert testimony was properly excluded, and affirmed Mr. Nacchio's conviction. See United...
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