044083P.pdf   04/11/2006  United States  v.  Susan Wintermute
   U.S. Court of Appeals Case No:  04-4083
                          and No:  05-2433
   Western District of Missouri   
   [PUBLISHED] [Riley, Author, with Arnold and Beam, Circuit Judges]
   Criminal case - criminal law and sentencing. Assuming that defendant's
   proposed witness was qualified as an expert to testify on the issue of
   materiality in a prosecution for making a false statement to the Office of
   the Comptroller of Currency under 18 U.S.C. Sec. 1001, the district court
   did not err in excluding the testimony under Daubert; district court did
   not err in denying motion for an evidentiary hearing to determine whether
   the jury's deliberations were tainted by extraneous information of
   investor loss, as the statement by the juror was not extraneous; evidence
   was sufficient to support defendant Stevens' conviction for conspiracy to
   commit bank fraud; record was insufficient to determine whether the
   court sentenced Stevens on trial evidence or on disputed information in
   the PSR, and the case must be remanded for resentencing.