United States Sixth Circuit

Convictions and a sentence for conspiracy to commit insider trading, conspiracy to obstruct an agency proceeding, insider trading, obstructing an agency proceeding, and making false statement are affirmed over claims of error regarding: 1) denial of a meaningful opportunity to present a defense by excluding evidence and limiting cross-examination; 2) a Brady claim; 3) sufficiency of the evidence; 4) a material variation in a conspiracy indictment from the evidence at trial; 5) jury instructions; 6) a violation of defendant's right to confront witnesses by three jurors "testifying" that defendant mouthed "I hate you" to his former wife during jury deliberations; 7) cumulative error; 8) an excessive fine; 9) the constitutionality of a condition of supervised release prohibiting him from profiting from writing about his crimes; 10) improper sentence enhancement; and 11) a failure to consider statutory factors.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• Before:  MOORE, CLAY, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William C. Wilkinson, Thompson Hine, Columbus, Ohio, for Appellant.  J. Michael Marous, Assistant United States Attorney, Columbus, Ohio, for Appellee.   ON BRIEF:  William C. Wilkinson, Scott A. Campbell, O. Judson Scheaf, III, Michele L. Noble, Thompson Hine, Columbus, Ohio, for Appellant.  J. Michael Marous, Assistant United States Attorney, Columbus, Ohio, for Appellee.