[DOWNLOAD] "United States v. Robinson" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Robinson
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 02, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Defendant-appellant, John Anthony Robinson, appeals his criminal conviction for intimidating and threatening a witness with intent to influence the witness testimony in violation of 18 U.S.C. § 1512. Appellant raises two issues for review. First, appellant argues that the district court committed prejudicial error when it refused to give an entrapment instruction to the jury on Count II of the indictment unless appellant admitted the elements of the offense alleged in Count II. Appellant contends that the courts instructions as to Count II therefore deprived him of his Fifth Amendment right to be presumed innocent and his Sixth Amendment right to have his guilt or innocence decided by a jury since it effectively directed a partial verdict against defendant-appellant on the two identical elements of the offenses alleged in Counts I and II. Although the jury was unable to return a verdict on Count II, it convicted appellant of the offense charged in Count I. Second, appellant contends that his right, under the Speedy Trial Act, to be indicted within 30 days of his arrest was violated and that the district court erred in denying his motion to dismiss on that ground. We find that defendants first issue is well taken, and for the reasons set forth below, we reverse the judgment of the district court.