United States v. Jerry Span, United States of America v. Darlene Span

Jerry and Darlene Span, brother and sister, appeal their convictions following a jury trial of assault on a federal officer in violation of 18 U.S.C. § 111 (1988). Mr. Span was fined $1,000 and sentenced to 30 months probation with the special condition that he serve four months under house arrest. Ms. Span was fined $6,000 and sentenced to 36 months probation with special conditions that she serve three months in a community treatment center and three months house arrest.

On appeal, the Spans contend that the trial court made several errors when instructing the jury. While in theory some of the Spans’ legal arguments may have merit, we do not find plain error in the district court’s jury instructions in light of the evidence presented by the defense. The Spans also contend that the trial court erred when it refused to grant their motion to dismiss the indictment on the ground that the government destroyed evidence. We disagree, and affirm the district court’s decision denying the motion to dismiss. Finally, the Spans argue that their convictions must be reversed because the government failed to comply with the requirements of the Jencks Act, 18 U.S.C. § 3500 (1988), and of Brady…