United States v. McKeon

738 F.2d 26 (1984)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
U
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

United States v. McKeon

United States Court of Appeals for the Second Circuit
738 F.2d 26 (1984)

RW

Facts

The United States government (plaintiff) prosecuted Bernard McKeon (defendant) for illegally exporting firearms. The government's case rested on incriminating photocopies allegedly made by McKeon's wife. McKeon's first two trials ended in mistrial. The same attorney represented McKeon at both the second and third trials. The attorney's opening statement at the second trial asserted McKeon’s wife could not have made the photocopies. The attorney's opening statement at the third trial said McKeon’s wife innocently made the photocopies for another person who was the real gun exporter. The government introduced the earlier statement to show its inconsistency with the later statement, which the government argued implied McKeon’s consciousness of his guilt. The jury convicted McKeon. and he appealed to the United States Court of Appeals for the Second Circuit, arguing the judge should have excluded the attorney's previous opening statement.

Rule of Law

Issue

Holding and Reasoning (Winter, 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 811,000 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 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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 811,000 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
  • 46,300 briefs - keyed to 988 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

Casebooks

Evidence

Key Terms