United States v. Leak

The Government asks us to reinstate a finding of guilty that the lower court reversed as factually insufficient. In my view, the correct answer to this request is the same as the punch line of the old joke about the Maine farmer asked for directions to Millinoeket: You can’t get there from here. Accordingly, I respectfully dissent from the majority opinion’s resolution of the first and third specified issues. Because I believe we have no authority to act on a finding that a Court of Criminal Appeals has set aside as factually insufficient, I would not reach the certified issue or the second…