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Newly Discovered Evidence Results in Remand

By Shari Allison

U.S. v. Jones, 2009 WL 166489 (1/26/09) (unpub'd) - A very interesting case in which the 10th reverses and remands for the district court to consider newly discovered evidence. The district court elected to believe the officer's version of his interrogation of the defendant that the defendant admitted previously purchasing 63 grams of crack, resulting in an increase in the base offense level based on relevant conduct. The defendant testified he only told the officer how much crack he thought he could get from a dealer, not how much he actually bought. The officer did not remember taping the interview and no interview tape was found by the time of the sentencing hearing. But 3 weeks later the government discovered a transcript of the interview...continue to full post

Full post as published by Tenth Circuit Blog on February 09, 2009 (boomark / email).