United States Tenth Circuit

A conviction for illegally selling or possessing a machine gun is affirmed where, in light of all the evidence presented at trial, certain emails sent between defendant and an informant that the government failed to produce were not sufficiently material to cast doubt on the jury's verdict, despite the fact that entrapment was the primary defense at trial.

Appellate Information

• Decided 12/11/2008
• Published 12/12/2008

Judges

• TYMKOVICH, Circuit Judge., Before TYMKOVICH, GORSUCH, Circuit Judges, and PARKER, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jill M. Wichlens, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs) Office of the Federal Public Defender, Denver, CO., Andrew A. Vogt, Assistant United States Attorney, (Troy A. Eid, United States Attorney, with him on the brief) Office of the United States Attorney, Denver, CO.