Criminal Law : Cross Examination – Limitation – Sentencing

Where a defendant in a case involving charges including tax fraud challenged the district court’s limitation of his cross examination of a prosecution witness, the court did not abuse its discretion because the questions were beyond the scope of direct examination, but the case is remanded for resentencing because the government did not show by sufficient evidence that the defendant failed to pay taxes on funds obtained in a specific transaction.

Judgment is affirmed; vacated and remanded.

U.S. v. Montanari (MLW No. 70786/Case No. 15-3140 – 9 pages) (U.S. Court of Appeals, 8^th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Minnesota, Montgomery, J. (Glenn P. Bruder, Edina, Minnesota, argued for appellant) (Melinda Williams, Minneapolis, argued for appellee).

Read the full text of this opinion. (PDF)