United States v. Krug

POOLER, Circuit Judge:

Appeal from the December 10, 2016 order of the United States District Court for the Western District of New York (Skret-ny, J.) precluding the government from introducing at trial certain testimony by a co-defendant turned government witness on the basis of the common-interest rule of attorney-client privilege. The excluded statements were not made to, in the presence of, or within the hearing of an attorney for any of the common-interest parties; nor did the excluded statements seek the advice of, or communicate advice previously given by, an attorney for any of the…