United States v. James Richter

VAN GRAAFEILAND, Circuit Judge:

Following a jury trial before Judge Bramwell in the United States District Court for the Eastern District of New York, James Richter was convicted of knowingly possessing and disposing of $54,250 in illicitly obtained traveler’s checks. 18 U.S.C. §§ 2113(c) and 2. He contends on appeal that he is entitled to a new trial because of prosecutorial misconduct and because the district court erred in permitting the Government to call a rebuttal witness. Because we believe that the prosecutor’s conduct constituted plain and prejudicial error, we reverse.

The principal…