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UNITED STATES v DOWNEN Click to find out why . . .



Keywords & Phrases
CaseNo: USVD117786, CourtName: US DEPARTMENT OF JUSTICE, Plaintiff: UNITED STATES, State: AZ Arizona, UniqueCaseRef: LCD>USVD117786, Durand, United States, Evidence, District Court, Assault, Polygraph Test, Violation, Carlos Durand, Conviction, Government, Motion, Alvord, Cir, Apartment, Wilkins, Appeals, Ray Parisi, False Statements, Agent Kirkham, Fbi Agent, Conspiracy, Gary Wilkins, Appellate Jurisdiction, Discretion, Baseball Bat, Testimony, Interviews, Defendant Guilty, Agreement , ContentID: 120249303

Case Documents
1   APPELLANT BRIEF
[ see first page and extracted highlights below  ] ItemID: 121344
34 pages
PDF
Total Documents: 1 document , 34 pages
Price: $ 19.95


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1 . APPELLANT BRIEF

EXTRACTED KEY WORDS
UNITED STATES
EVIDENCE
DISTRICT COURT
ASSAULT
DEFENDANT
POLYGRAPH TEST
VIOLATION
CARLOS DURAND
CONVICTION
GOVERNMENT
MOTION
ALVORD
CIR
APARTMENT
WILKINS
APPEALS
RAY PARISI
FALSE STATEMENTS
AGENT KIRKHAM
FBI AGENT
CONSPIRACY
GARY WILKINS
APPELLATE JURISDICTION
DISCRETION
BASEBALL BAT
TESTIMONY
INTERVIEWS
DEFENDANT GUILTY
AGREEMENT
                               No. 99-10514



                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE NINTH CIRCUIT
                          _________________

                      UNITED STATES OF AMERICA,

                                               Appellee,

                                    v.

                       JOSEPH RUSSELL DOWNEN,

                                               Defendant-Appellant
                          _________________

         ON APPEAL FROM THE UNITED STATES DISTRICT COURT
                     FOR THE DISTRICT OF ARIZONA
                          _________________

                     BRIEF FOR THE UNITED STATES
                          _________________



                                  BILL LANN LEE
                                    Acting Assistant Attorney General

                                  JESSICA DUNSAY SILVER
                                  LISA WILSON EDWARDS
                                    Attorneys
                                    Department of Justice
                                    P.O. Box 66078
                                    Washington, D.C.  20035-6078
                                    (202) 514-5695






                          TABLE OF CONTENTS
                                                             PAGE

STATEMENT OF SUBJECT MATTER AND APPELLATE JURISDICTION . . . . 1

SNIPPETS:
  • IN THE UNITED STATES COURT OF APPEALS
  • STATEMENT OF SUBJECT MATTER AND APPELLATE JURISDICTION.
  • The Assault On Carlos Durand.
  • The Investigation Of The Assault.
  • The Evidence Is Sufficient To Sustain
  • Defendant's Conviction For A Violation
  • Defendant's False Statements Were Material
  • THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING DEFENDANT'S MOTION TO SEVER COUNTS
  • THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN REFUSING TO GRANT A MISTRIAL BASED ON A
  • 110 F.3d 1425 (9th Cir.
  • 371 (conspiracy), and 18 U.S.C. 1001.
  • filed by defendant on September 28,
  • Raymond Parisi and Jason Alvord were also charged and pled guilty
  • Codefendant Gary Wilkins pled guilty to interfering with housing
  • government pursuant to a plea agreement.
  • statement made by a government witness regarding a polygraph test
  • The jury found defendant guilty of counts I,
  • FBI Agent Timothy Kirkham testified for the
  • Agent Kirkham investigated the circumstances
  • objection and struck the testimony (Tr.
  • children moved into 2880 Palisades Drive, Apartment 2, Lake
  • Downen met with Ray Parisi and Alvord at Alvord's apartment
  • Downen went into his room and grabbed a baseball bat (Tr.
  •    |