United States v. Ganier case brief summary
468 F.3d 920 (6th Cir. 2006)
The Government sought review of a
decision of the U.S. District Court for the Middle District of
Tennessee at Nashville, which excluded certain evidence from
defendant's criminal trial because it did not provide a written
summary of the proposed testimony of a government computer specialist
as was allegedly required by Fed. R. Crim. P. 16(a)(1)(G).
CASE FACTS Defendant was charged with endeavoring
to obstruct justice, a violation of 18 U.S.C.S. §§
1503(a), (2), and altering, destroying, or concealing documents,
a violation of 18 U.S.C.S. §§ 1519, 2, for, inter alia,
allegedly deleting computer files with intent to impede a federal
Preliminarily, the federal court of appeals found that
the plain error standard of review did not apply as Fed. R.
Evid. 103(a) did not require the Government to make a formal
offer of proof; it adequately made the grounds for admissibility
known by arguing that the testimony should not be excluded for
failure to comply with Fed. R. Crim. P. 16(a)(1)(G).
although the district court did not err by concluding that the
proposed testimony could be offered only pursuant to Fed. R.
Evid. 702 and, accordingly, that the Government violated Fed.
R. Crim. P. 16(a)(1)(G) by not providing a written summary of
the testimony to defendant, the federal court of appeals vacated the
district court's decision as the record did not reflect whether the
district court considered the reasons for the Government's delay, the
degree of prejudice to defendant, or whether a less severe sanction
The court of appeals vacated the district court's decision and
remanded for further consideration consistent with its opinion. Recommended Supplements and Study Aids for Evidence
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