United States Ninth Circuit

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US v. Thoms, 11-30120

A district court abuses its discretion when it reverses a magistrate judge's credibility determinations, made after receiving live testimony and favorable to the government, without viewing key demeanor evidence, with one exception: where the district judge finds that the magistrate judge's credibility determinations had no legally sufficient evidentiary basis, so that, were they jury determinations, judgment as a matter of law would issue for the defendant.

Appellate Information

  • Decided 06/29/2012
  • Published 06/29/2012

Judges

  • Bea

Court

  • United States Ninth Circuit

Counsel


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