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US v. Howe, No. 08-1021

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By FindLaw Staff on December 29, 2009 3:07 PM

In a kidnapping prosecution, the denial of defendant's motion to dismiss the indictment is affirmed where 1) the jury in a prior felony murder trial did not need to find that defendant did not kidnap the victim in order to acquit defendant; 2) defendant's acquittal on the charge of carrying a firearm in furtherance of a crime of violence did not require the jury to determine that defendant did not commit kidnapping; and 3) in acquitting defendant's co-defendant on all counts, the jury did not necessarily find that defendant did not commit kidnapping.

Read US v. Howe, No. 08-1021

Appellate Information

Submitted: September 16, 2009

Filed: December 28, 2009

Judges

Opinion by Judge Beam

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