United States v. Kimoto

588 F.3d 464 (2009)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

United States v. Kimoto

United States Court of Appeals for the Seventh Circuit
588 F.3d 464 (2009)

RW

Facts

The United States government (plaintiff) charged Kyle Kimoto (defendant) with fraudulent telemarketing. During electronic discovery, Kimoto asked the government to produce its relevant electronically stored information (ESI), but he did not specify the format in which he wanted to see the ESI. The government turned over copies of all the ESI it had reviewed in preparing its case. The government also informed Kimoto that it possessed massive amounts of unreviewed ESI. Kimoto did not request production of the unreviewed ESI. Five months later, just three weeks before trial, Kimoto’s newly hired computer-forensics expert asked to see all the government’s electronic files, whether reviewed or not, in a forensic format that would enable the expert to check the files for signs of data tampering. The government immediately complied with this request. Kimoto did not move for a continuance to allow time for the expert to check the new ESI. Instead, Kimoto moved to dismiss the case, citing the government’s five-month delay in providing both reviewed and unreviewed ESI in forensic format. Kimoto also accused the government of destroying files, similar to ones that Kimoto already possessed, which Kimoto claimed would have bolstered his key defense. Kimoto appealed the federal district court’s denial of his motion to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Ripple, J.)

What to do next…

  1. 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 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. 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.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership