US v. Hasan, 08-5137
Defendant's perjury convictions are affirmed in part where, although the prosecutor could have done more to clarify, the district court would not have clearly or obviously erred in concluding that a reasonable jury could find that the questions were not the cause of defendant's inconsistent answers. However, the judgment is vacated in part where the district court needed to determine in the first instance whether defendant spoke primarily a language other than the English language under the proper legal standard.
- Decided 06/23/2010
- Published 06/23/2010
- HOLMES, Circuit Judge., Before HENRY, SEYMOUR, and HOLMES, Circuit Judges.
- United States Tenth Circuit
- For Appellees:
- Barry L. Derryberry, Research & Writing Specialist, Office of the Federal Public Defender (Julia L. O'Connell, Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant., Stephen L. Sewell, Assistant United States Attorney, Northern District of Oklahoma (David E. O'Meilia, United States Attorney, and Leena Alam, Assistant United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.