United States v. Lewis, No. 14-10119 (5th Cir. 2014)
Annotate this CaseDefendant appealed his convictions for conspiracy to commit securities fraud and twenty-three counts of securities fraud. The court concluded that the evidence was sufficient to convict defendant of both conspiracy to commit securities fraud and those counts of his substantive securities fraud conviction for which the named victim did not testify. The court concluded that the district court did not commit harmless error in admitting the Government's Exhibit 115 where it is unclear whether the exhibit is a letter, memorandum, or email; to whom it was sent; or if it was ever sent at all. Although the facts surrounding defendant's statute of limitations defense are not in dispute, this does not change the court's conclusion that a rule requiring all defendants to affirmatively assert a limitations defense at trial to preserve it for appeal is preferable to a case-by-case determination. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on December 22, 2014.
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