United States v. Engelmann, No. 12-1343 (8th Cir. 2012)
Annotate this CaseDefendant was found guilty of conspiracy to commit bank and wire fraud and wire fraud. Defendant appealed his conviction and sentence. The court vacated the district court's denial of defendant's motion for a new trial with respect to the alleged sequestration violation. The court remanded for the district court to conduct an evidentiary hearing on the limited issue of whether the government witness' conversation warranted a new trial, to make supplemental findings of fact, and to reconsider defendant's motion for a new trial in light of any evidence at this hearing. The court retained jurisdiction to address all of defendant's points on appeal after these further district court proceedings.
Court Description: Criminal case - Criminal law. District court abused its discretion by denying defendant's motion for a new trial based on an alleged violation of the court's sequestration order without first affording defendant an evidentiary hearing concerning the alleged conversation; remanded for further proceedings in accordance with the directions contained in the court's opinion. Judge Gruender, dissenting. [ December 18, 2012
The court issued a subsequent related opinion or order on July 30, 2013.
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