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U.S. v. TINCHER

No. CR-2-88-136.

749 F.Supp. 1494 (1990)

UNITED STATES of America, Plaintiff, v. John L. TINCHER, William K. Tincher, James E. Acord, Defendants.

United States District Court, S.D. Ohio, E.D.

November 13, 1990.

Attorney(s) appearing for the Case

Bradley D. Barbin, Asst. U.S. Atty., Columbus, Ohio, for plaintiff.

Kevin Patrick Durkin, Columbus Ohio, for defendant William K. Tincher.

Steven M. Brown, Columbus, Ohio, for defendant James E. Acord.

Dennis C. Belli, Columbus, Ohio, for defendant John L. Tincher.

MEMORANDUM OPINION AND ORDER

GRAHAM, District Judge.

This matter is before the court on remand from the court of appeals for further proceedings to determine whether a Jencks Act violation occurred in this case. The court has conducted an evidentiary hearing. Upon review of the record, the court has concluded that there was a failure to disclose Jencks Act testimony, but that the nondisclosure was unintentional, that defendants were in no way prejudiced...

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