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U.S. v. REICHERT

No. 13-3479.

747 F.3d 445 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey J. REICHERT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 28, 2014.

Attorney(s) appearing for the Case

ARGUED: Darin Thompson , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Robert W. Kern , United States Attorney's Office, Cleveland, Ohio, for Appellee. ON BRIEF: Darin Thompson , Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Robert W. Kern , Chelsea S. Rice , United States Attorney's Office, Cleveland, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which ROGERS, J., joined. DONALD, J. (pp. 15-27), delivered a separate dissenting opinion.

OPINION

GRIFFIN, Circuit Judge.

Jeffrey J. Reichert appeals his criminal conviction and sentence under the Digital Millennium Copyright Act (the "DMCA") asserting three grounds: (1) that the jury received an inaccurate "deliberate ignorance" instruction that had the effect of negating the requirement that Reichert's conduct be a "willful" violation of the DMCA; (2) that the exclusion of a defense witness' testimony violated Reichert's constitutional right...

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