United States Tenth Circuit

Where the trial judge answered a question posed to a witness and voiced his opinion as to an ultimate factual issue, the remarks constituted witness testimony in violation of Federal Rule of Evidence 605 and were prejudicial to the outcome of the case; the Defendant-s aiding and abetting conviction is reversed and the case remanded for resentencing in light of non-constitutional Booker error.

Appellate Information

• Decided 11/02/2005
• Published 11/02/2005

Judges

• MURPHY, Circuit Judge., Before LUCERO, ANDERSON, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David H. Moses, Case, Moses, Zimmerman & Wilson, Wichita, KS (David K. Link, Gragert, Hiebert, Gray & Link, Wichita, KS, on the briefs), for Defendant-Appellant., Debra L. Barnett, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with her on the brief), Wichita, KS, for Plaintiff-Appellee.