DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
023124P.pdf 07/18/2003 USA v. Rogelio Preciado
U.S. Court of Appeals Case No: 02-3124
and No: 02-3431
and No: 02-3533
District of Minnesota
Criminal Case- criminal law. District court did not clearly err
in granting two, rather than three, level reduction for acceptance
of responsibility for defendant who pleaded guilty after first day
of trial. Denial of minor-role reduction for codefendant was not
clear error. District court did not abuse its discretion in denying
motion for continuance to depose witness. A photo lineup was
not unduly suggestive and did not improperly taint the in-court
identification. District court did not abuse its discretion in
permitting codefendants to assert their privilege against self
incrimination at codefendants trial. District court did not err in
denying an evidentiary hearing as to one codefendant's
testimony exonerating another codefendant. Dissent in part
by Judge Bright.