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.
043306P.pdf 10/04/2005 United States v. James Naiden
U.S. Court of Appeals Case No: 04-3306
District of Minnesota
[PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges]
Criminal case - criminal law. District court did not err in refusing to
admit a hearsay statement defendant allegedly made to a third party to the
effect that he did not believe the person he had an e-mail correspondence
with was actually 14 years old; the statement was not substantially
contemporaneous with defendant's communications with his
correspondent and was not reliable; even if refusal to admit the statement
was error, the evidence was overwhelming that defendant actually did
believe the correspondent was a minor. Judge Bye, concurring.