United States Third Circuit

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US v. Moyer, 11-2497

In a prosecution in which one police officer was convicted 18 USC section 1519 of knowingly falsifying police reports with the intent to impede, obstruct, or influence the investigation into a matter within the jurisdiction of the FBI, and another was convicted of knowingly making a false material statement in a matter within the FBI’s jurisdiction, the convictions are affirmed, where: 1) the district court did not exceed its discretion by denying, in relevant part, a motion for a bill of particulars; 2) the district court did not err by refusing to dismiss a count because it was duplicitous; 3) the district court did not exceed its discretion by refusing to enforce the bill of particulars it did order; 4) the government presented sufficient evidence to support the convictions; and 5) 18 USC section 1519 is not unconstitutionally vague.

Appellate Information

  • Decided 02/29/2012
  • Published 02/29/2012

Judges

  • Aldisert

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Enid W. Harris, Thomas E. Perez

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