United States v. Rogers
Court of Appeals for the Seventh Circuit
1Opinion of the Court
SYKES, Circuit Judge.
Federal Rule of Evidence 609(b) severely limits the use of a prior conviction to impeach a witness if a period of more than ten years has elapsed since the conviction or the witness’s release from any confinement imposed for that conviction. This appeal presents the question of whether probation following a prison term constitutes “confinement” for purposes of the ten-year time limit under Rule 609(b) — in other words, whether the ten-year clock begins to run upon the witness’s release from prison or the expiration of his ensuing probation or parole. We conclude that…
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