U.S. v. GEISEN

No. 08-3655.

612 F.3d 471 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. David GEISEN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 15, 2010.


Attorney(s) appearing for the Case

ARGUED: Timothy P. O'Toole, Miller and Chevalier Chartered, Washington, D.C., for Appellant. John Luther Smeltzer, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Timothy P. O'Toole, Richard A. Hibey, Andrew T. Wise, Miller and Chevalier Chartered, Washington, D.C., for Appellant. John Luther Smeltzer, United States Department of Justice, Washington, D.C., for Appellee.

GIBBONS, J., delivered the opinion of the court, in which ROGERS, J., joined. MERRITT, J. (pp. 497-500), delivered a separate opinion concurring in part and dissenting in part.


OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Defendant-appellant David Geisen appeals his conviction on three counts of concealing a material fact and making a false statement to the Nuclear Regulatory Commission ("NRC") in violation of 18 U.S.C. §§ 1001 and 2. On appeal, Geisen argues that there was insufficient evidence to support his convictions and that the district court erred by giving a deliberate ignorance instruction and denying a motion...

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