Legal Opinion

United States v. Nacchio

Court of Appeals for the Tenth Circuit

Decided March 17, 2008No. 07-1311PublishedCited by 48 opinions

1Opinion of the Court

McCONNELL, Circuit Judge.

A Denver jury convicted Joseph Nacchio, the former CEO of Qwest Communications International, Inc., of nineteen counts of insider trading. Mr. Nacchio appeals, arguing that the evidence was insufficient to convict him, that the jury was improperly instructed, and that the trial judge incorrectly excluded evidence— expert testimony and classified information — important to his defense. We agree that the improper exclusion of his expert witness merits a new trial, but we conclude that the evidence before the district court was sufficient for the government to try him…

2Cases cited36 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Washington v. TexasSupreme Court of the United States · 1967
  5. Basic Inc. v. LevinsonSupreme Court of the United States · 1988

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3Cited by48 opinions

  1. United States v. NacchioCourt of Appeals for the Tenth Circuit · 2009
  2. United States v. HoffeckerCourt of Appeals for the Third Circuit · 2008
  3. United States v. BedfordCourt of Appeals for the Tenth Circuit · 2008
  4. In Re Countrywide Financial Corporation Securities LitigationDistrict Court, C.D. California · 2008
  5. Genesee County Employees' Retirement System v. Thornburg Mortgage Securities TrustDistrict Court, D. New Mexico · 2011

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