United States of America, Plaintiff-appellee, v. Bernard D. Reicher, Defendant-appellant, 7 F.3d 1046 (10th Cir. 1993)

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U.S. Court of Appeals for the Tenth Circuit - 7 F.3d 1046 (10th Cir. 1993)

Sept. 30, 1993


Before McKAY, Chief Judge, GOODWIN2  and SEYMOUR, Circuit Judges.

Bernard D. Reicher appeals his conviction for violation of Section 1 of the Sherman Act, 15 U.S.C. 1 (conspiracy to enter a sham bid in order to create the appearance of competitive bidding for a subcontract with a governmental contractor). The facts and history of the case are found in United States v. Reicher, 983 F.2d 168 (10th Cir. 1992). We affirm the conviction.

The only error assigned on appeal concerns the refusal of the trial court to instruct the jury on the defense theory that the government contracting party acquiesced in the sham bidding. There was no evidence to support the giving of the requested instruction in the form in which it was requested, and the instructions given fully presented all theories of the defense that were supported by the record.



This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir. R. 36.3


Honorable Alfred T. Goodwin, Senior Circuit Judge, United States Court of Appeals for the Ninth Circuit, sitting by designation