United States v. Blechman
657 F.3d 1052
| 10th Cir. | 2011Background
- Defendant and co-defendant were charged in Kansas district court with conspiracy to commit mail fraud, mail fraud, and aggravated identity theft based on a scheme to stop foreclosures by attaching properties to fraudulent bankruptcies.
- Evidence linked Blechman to the scheme via AOL email records, PACER records, money orders, and co-defendant’s testimony, with some emails bearing Blechman’s signature blocks.
- AOL Exhibit 1-BBB showed an AOL account associated with the screen name rablechman that appeared to be registered to Blechman; its admission was challenged as hearsay but deemed admissible under Rule 803(6).
- PACER Exhibits 22, 23, and 24 were PACER account records tied to a third-party input about identity information; the government sought conditional admission under Rule 803(6) and later full admission, with foundation objections overruled.
- The district court ultimately admitted these records, but the convictions were affirmed as harmless error despite the erroneous Rule 803(6) rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AOL record Exhibit 1-BBB was properly admitted under Rule 803(6). | Blechman: records contain double hearsay; outsider input not verified. | Blechman: improper under business-records exception; unreliable identity data. | Erroneous under 803(6); harmless error. |
| Whether PACER Exhibits 22, 23, and 24 were properly admitted under Rule 803(6). | Exhibits are business records; provide linkage to Blechman’s PACER activity. | Records contain third-party inputs; insufficient verification. | Erroneous under 803(6); harmless error. |
| What is the proper standard to review the admissibility and harmlessness of the hearsay error? | Standard of review for evidentiary rulings; harmless error inquiry applies. | Same; objected at trial; plain error does not apply for these records. | Nonconstitutional harmless-error standard applies; error deemed harmless. |
Key Cases Cited
- United States v. Ary, 518 F.3d 775 (10th Cir. 2008) (defines business records reliability standards in 803(6))
- United States v. McIntyre, 997 F.2d 687 (10th Cir. 1993) (trustworthiness through verification or self-interest in outsider information)
- United States v. Cestnik, 36 F.3d 904 (10th Cir. 1994) (two ways to demonstrate trustworthiness; verification or self-interest)
- United States v. Snyder, 787 F.2d 1429 (10th Cir. 1986) (business-records reliability requires trustworthy sources)
- United States v. Mejia-Alarcon, 995 F.2d 982 (10th Cir. 1993) (pretrial ruling preserves appeal when objecting party need not renew objections)