121343P.pdf   07/30/2013  United States  v.  Marc Engelmann
   U.S. Court of Appeals Case No:  12-1343
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Shepherd, Author, with Bye and Gruender, Circuit Judges] 
   Criminal case - Criminal law and sentencing. For the court's prior opinion 
   remanding this case for further proceedings, see United States v. 
   Engelmann, 701 F.3d 874 (8th Cir. 2012). The district court did not abuse 
   its discretion in giving an abbreviated form of defendant's requested 
   good-faith instruction as the instructions given adequately addressed the 
   issue; the district court did not abuse its discretion in finding that two 
   FBI agents' out-of-court conversation did not violate the sequestration 
   order; nor did the court abuse its discretion in finding the sequestration 
   violations which occurred when one of the agents observed trial testimony 
   did not prejudice defendant; district court did not err in calculating the 
   amount of loss caused by defendant's fraud scheme; restitution order 
   affirmed. Judge Gruender, concurring in the judgment. 
  
121343P.pdf   12/19/2012  United States  v.  Marc Engelmann
   U.S. Court of Appeals Case No:  12-1343
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Shepherd, Author, with Bye and Gruender, Circuit Judges]
   Criminal case - Criminal law. District court abused its discretion by
   denying defendant's motion for a new trial based on an alleged violation
   of the court's sequestration order without first affording defendant an
   evidentiary hearing concerning the alleged conversation; remanded for
   further proceedings in accordance with the directions contained in the
   court's opinion. Judge Gruender, dissenting.