Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, November 13, 2007

Mintmire: Lawyer Obstruction Conviction Upheld

In U.S. v. Mintmire, No. 06-11212 (Nov. 13, 2007), the Court affirmed the convictions of a Florida lawyer charged with attempting to obstruct a grand jury investigation into a stock sale.
The Court rejected a challenge to the sufficiency of the evidence. The Court found ample evidence that Mintmire had attempted to coach a witness to give false testimony before the grand jury.
The Court also rejected a challenge to the jury instructions, finding that the trial court properly instructed the jury on the affirmative defense that Mintmire was acting as a lawyer and giving bona fide legal representation at the time he committed the charged conduct.
Finally, the Court found no prejudicial spillover in the fact that Mintmire was prosecuted in a single trial for two separate obstruction counts.