US v. Dooley, No. 08-4131
Conviction of defendant-police officer for stealing from evidence locker of the police department is affirmed in part and reversed in part where: 1) the government failed to prove an element of a wire fraud charge, specifically, that the defendant transmitted or caused to be transmitted a wire communication; 2) district court did not err in finding sufficiency of the indictment under FRCP 7(c)(1); 3) the court did not abuse its discretion in the exclusion of evidence about possible previous robberies as irrelevant; 4) district court did not err in refusing to give a proposed jury instruction as defendant was not entitled to a theory-of-defense jury instruction where the proposed instruction was not an accurate statement of the law and defendant's recantation defense is unsupported by evidence in the case. Defendant's sentence is vacated and remanded for resentencing.
Read US v. Dooley, No. 08-4131
Appeal from the United States District Court for the Southern District of Illinois.
Argued May 27, 2009
Decided August 20, 2009
Before Cudhay, Ripple, and Wood, Circuit Judges
Opinion by Ripple, Circuit Judge.
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