District court’s conviction of defendant, a wireless telephone store owner, of fraudulently using unauthorized access devices in violation of 18 U.S.C. section 1029(a)(2) is affirmed where: 1) district court acted within its discretion in denying defendant’s motion to continue the trial for thirty days as he has failed to show that there were any material differences in the underlying data contained in the new set of CDs he received shortly before trial, so as to cause him any prejudice; 2) because the government complied with Rule 1006, the district court properly admitted the summary exhibits into evidence; 3) district court did not abuse its discretion in limiting defendant’s cross-examination of witness; and 4) defendant’s argument that he has presented three clear errors made by the district court constituting cumulative errors is without merit. 

Read US v. Isaacs, No. 08-2876

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided January 25, 2010

Judges

Before: Kanne, and Sykes, Circuit Judges, and Van Bokkelen, District Judge

Opinion by District Judge Van Bokkelen

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