United States Court of Appeals for the Tenth Circuit
657 F.3d 1052 (2011)
The United States government (plaintiff) prosecuted Robert Andrew Blechman and Itsik Yass (defendants) on mail fraud and identity theft charges. At trial, the government alleged Blechman owned an America Online (AOL) email account and a Public Access to Court Electronic Records (PACER) database account, both of which were used in committing the crimes. The trial judge ruled records compiled from these accounts were admissible under the Federal Rule of Evidence 803(6) business records exception to the hearsay rule. Other evidence showed that neither AOL nor PACER verified the authenticity of the information provided by their accountholders, and that AOL accounts often were opened under fictitious user names and addresses. The jury convicted Blechman. On appeal to the United States Court of Appeals for the Tenth Circuit, Blechman argued the email and PACER account records were "double" or "layered" hearsay to which Rule 803(6) did not apply, because the user-input subscriber information was unverified.
Rule of Law
Holding and Reasoning (Ebel, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 217,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.