U.S. v. DUPREE

No. 11-5115-cr.

706 F.3d 131 (2013)

UNITED STATES of America, Appellant, v. Courtney DUPREE, Defendant-Appellee, Thomas Foley, Rodney Watts, Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 28, 2013.


Attorney(s) appearing for the Case

Michael Yaeger ( Peter A. Norling , on the brief), Assistant United States Attorneys, on behalf of Loretta E. Lynch, United States Attorney for the Eastern District of New York, Brooklyn, N.Y., for Appellant.

Meena Sinfelt ( Roscoe C. Howard, Jr. , Leasa W. Anderson , on the brief), Andrews Kurth LLP, Washington, D.C., for Defendant-Appellee.

Before: WINTER, RAGGI, and LIVINGSTON, Circuit Judges.


DEBRA ANN LIVINGSTON, Circuit Judge:

The government appeals from a November 23, 2011 order of the United States District Court for the Eastern District of New York (Matsumoto, J.) denying its motion in limine to admit a state court temporary restraining order as evidence against Defendant-Appellee Courtney Dupree. The government argues that it is not seeking to admit the order for the truth of any assertion it may contain, but only as evidence that Dupree...

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