United States Ninth Circuit

Cyclist Tammy Thomas's convictions for three counts of perjury and one count of obstruction of justice are affirmed where: 1) the jury could reasonably have concluded from all this testimony that defendant's grand jury testimony that she never received any "other products" was not literally true; 2) a reasonable jury could conclude beyond a reasonable doubt that defendant understood the question in count three of the indictment as the government understood it and that she answered falsely based on this understanding; and 3) there was sufficient evidence for the jury reasonably to conclude that defendant did not offer literally true answers in the exchange charged in count four of the indictment.

Appellate Information

• Decided 07/22/2010
• Published 07/22/2010

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ethan A. Balogh, Laurie Kloster Gray