United States v. Earle, James

Opinion for the Court filed by Chief Judge GINSBURG.

Dissenting opinion filed by Circuit Judge HENDERSON.

GINSBURG, Chief Judge:

Appellant James Earle claims the district court impermissibly took judicial notice of and erroneously instructed the jury about irrelevant evidence that the prosecutor then unfairly relied upon in his closing argument. Because the prosecutor’s remarks were based upon information he knew conflicted with the record, and because the record shows Earle was prejudiced by the prosecutor’s remarks, we vacate his convictions on three of four counts and remand the case for a…