[DOWNLOAD] "United States v. Ganier" by United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: United States v. Ganier
- Author : United States Court of Appeals
- Release Date : January 15, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The United States appeals the district courts decision excluding certain evidence from the criminal trial of Defendant-Appellee Albert Ganier, III ("Ganier"). Ganier is charged with one count of endeavoring to obstruct justice in violation of 18 U.S.C. 1503(a) and 2 and three counts of altering, destroying, or concealing documents in violation of 18 U.S.C. 1519 and 2 for, among other acts, allegedly deleting certain computer files with intent to impede a federal investigation. On the morning on which Ganiers trial was to begin, Ganier filed a motion to exclude the proposed testimony of a government computer specialist, arguing that it was expert testimony for which the government had not provided a written summary as required by Federal Rule of Criminal Procedure 16(a)(1)(G). The district court granted the motion, bringing the proceedings to a halt while the government filed this interlocutory appeal. We agree that the proposed testimony was expert testimony for which a written summary should have been provided, but because less severe remedies were not given adequate consideration, we VACATE the decision of the district court excluding the evidence and REMAND the case for further proceedings consistent with this opinion.