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United States v. Mann

United States Court of Appeals for the Eighth Circuit

February 8, 2012, Submitted; December 6, 2012, Filed

No. 11-1500, No. 11-2187

Opinion

 [*282]  SHEPHERD, Circuit Judge.

Randeep Mann was convicted by a jury of conspiring to use and aiding and abetting in the use of a weapon of mass destruction in violation of 18 U.S.C. § 2332a; causing the damage or destruction of a vehicle by means of an explosive resulting in personal injury in violation of 18 U.S.C. § 844(i); possession of unregistered grenades in violation of 26 U.S.C. § 5861(d); possession of an unregistered  [**2] machinegun in violation of 26 U.S.C. § 5861(d); possession of a machinegun in violation of 18 U.S.C. § 922(o); conspiring to corruptly obstruct an official proceeding in violation of 18 U.S.C. § 1512(k); and aiding and abetting in the corrupt concealment of documents with the intent to impair the use of the documents in an official proceeding in violation of 18 U.S.C. § 1512(c)(1)-(2). Mann appeals his convictions and his sentences. We affirm in part, reverse in part, and remand for resentencing.

I. Introduction

On February 4, 2009, Dr. Trent Pierce, Chairman of the Arkansas State Medical Board (the Board), left his home in West Memphis, Arkansas, planning to drive later that day to Little Rock, Arkansas, to attend a Board meeting. Before getting into his vehicle, Dr. Pierce noticed a spare tire leaning against his vehicle. When he attempted to move the tire, it exploded, rendering Dr. Pierce severely and permanently injured. Investigators determined that the explosion was caused by a bomb composed of the spare tire and an MK3A2 hand grenade.

In its investigation of the bombing, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) asked the Board for a list of doctors who had  [**3] been disciplined by the Board in the previous five years. The Board supplied the list of disciplined doctors to the ATF. The list included Mann—who had a long history of disciplinary actions before the Board—and four other physicians.

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701 F.3d 274 *; 2012 U.S. App. LEXIS 24995 **; 90 Fed. R. Evid. Serv. (Callaghan) 18; 2012 WL 6049716

United States of America, Plaintiff - Appellee v. Randeep Mann, Defendant - Appellant

Subsequent History: US Supreme Court certiorari denied by Mann v. United States, 2013 U.S. LEXIS 7622 (U.S., Oct. 21, 2013)

Prior History:  [**1] Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.

United States v. Mann, 685 F.3d 714, 2012 U.S. App. LEXIS 14586 (8th Cir. Ark., 2012)

CORE TERMS

grenades, bombing, indictment, interstate commerce, Counts, firearms, machinegun, offenses, argues, charges, documents, district court, unregistered, commerce, convictions, weapon, sentencing, mass destruction, conspired, grand jury, possessed, clinic, enhancement, conspiracy, obstruction, explosive, joinder, official proceedings, aiding and abetting, present evidence

Criminal Law & Procedure, Preliminary Proceedings, Speedy Trial, Statutory Right, Governments, Legislation, Interpretation, Constitutional Law, Fundamental Rights, Procedural Due Process, Double Jeopardy, Defective Joinder & Severance, Multiplicity, Definition of Multiplicity, Double Jeopardy, Double Jeopardy Protection, Tests for Double Jeopardy Protection, Appellate Review, Challenges & Waivers, General Overview, Standards of Review, De Novo Review, Conclusions of Law, Accessories, Aiding & Abetting, Miscellaneous Offenses, Destruction of Property, Elements, Use of Weapons, Commission of Another Crime, Arson, Aggravated Arson, Possession of Weapons, Unregistered Firearm, Weapons Offenses, Firearms Licenses, Effect & Operation, Retrospective Operation, Defenses, Expiration, Repeal & Suspension, Courts, Judicial Precedent, Accusatory Instruments, Dismissal, Abuse of Discretion, Reviewability, Preservation for Review, Failure to Object, Procedure, Appeals, Procedural Matters, Briefs, Forfeitures, Scope of Protection, Indictments, Contents, Content Requirements, Due Process, Sufficiency of Contents, Bill of Particulars, Procedural Matters, Appellate Review & Judicial Discretion, Grand Jury Requirement, Amendments & Variances, Constructive Amendments, Joinder & Severance, Misjoinder, Severance of Codefendants, Joinder of Defendants, Joinder of Offenses, Reversible Error, Charging Instruments, Trials, Defendant's Rights, Right to Fair Trial, Self-Incrimination Privilege, Severance of Offenses, Juries & Jurors, Jury Deliberations, Ability to Follow Instructions, Evidence, Presumptions, Particular Presumptions, Regularity, Jury Instructions, Particular Instructions, Elements of Offense, Admissibility, Conduct Evidence, Prior Acts, Crimes & Wrongs, Sufficiency of Evidence, Substantial Evidence, Inchoate Crimes, Conspiracy, Commerce Clause, Interstate Commerce, Prohibition of Commerce, Jurisdiction & Venue, Jurisdiction, Tests, Extortion, Hobbs Act, Types of Evidence, Circumstantial Evidence, Witnesses, Credibility, Testimony, Credibility of Witnesses, Deferential Review, Credibility & Demeanor Determinations, Acts & Mental States, Mens Rea, Knowledge, Criminal Offenses, Obstruction of Administration of Justice, Specific Intent, Criminal Process, Variances, Sentencing, Sentencing Guidelines, Murder, First-Degree Murder, Penalties, Clear Error Review, Burdens of Proof, Preponderance of Evidence, Imposition of Sentence, Evidence, Findings, General Intent, Adjustments & Enhancements, Official Victims, State & Territorial Governments, Employees & Officials, Healthcare Law, Business Administration & Organization, Facility & Personnel Licensing, Licenses, Police Powers, Factors, Presentence Reports, Cumulative Errors