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United States Sixth Circuit


US v. Gardiner, 05-1247, 05-1248

Defendants' convictions for RICO and bribery crimes are affirmed over claims of error regarding: 1) sufficiency of the evidence; 2) prosecutorial misconduct; 3) whether a new trial was warranted due to alleged improper references made during one defendant's trial to his alleged mafia connections; 4) a failure to disclose a failed polygraph test; 5) denial of a motion to suppress; and 6) denial of a motion to sever. One defendant's sentence is vacated due to a misapplication of Booker.

Appellate Information

  • Decided 09/12/2006
  • Published 09/12/2006

Judges

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

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Margaret Sind Raben, Gurewitz & Raben, Detroit, Michigan, Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellants.   John C. Engstrom, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Margaret Sind Raben, Gurewitz & Raben, Detroit, Michigan, Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellants.  John C. Engstrom, Assistant United States Attorney, Detroit, Michigan, for Appellee.
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