Francis Arthur v. United States
1. Whether the Fourth Circuit erred in affirming the
district court's denial of Arthur's motion to dismiss the
indictment because the Government deported a witness whose
testimony would have been material, favorable, and noncumulative.
2. Whether the Fourth Circuit erred in affirming the
district court's refusal to inspect the Government's file of the
deported witness for material subject to disclosure under Brady
v. Maryland, 373 U.S. 83 (1963), based on the Government's claim
that it had satisfied its Brady obligations.
3. Whether the Fourth Circuit erred in affirming the
district court's exclusion of statements that the deported
witness made that were against his penal interest.
4. Whether the Fourth Circuit erred in affirming the
district court's giving a "willful blindness" jury instruction
lacking any evidentiary basis.
5. Whether Arthur was entitled to acquittal because the
Government failed to prove that Arthur knew that: (1) the funds
derived from illegal activity, an element of all charged
offenses; and (2) the transactions were designed to conceal the
funds, an element of concealment money laundering.
Whether the Fourth Circuit erred in affirming the district court's denial of Arthur's motion to dismiss the indictment