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Pierre Valdez v. United States

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(Argued October 14, 2010 Decided December 30, 2010)

Before WASHINGTON, Chief Judge, THOMPSON, Associate Judge, and NEBEKER,Senior Judge.

WASHINGTON, Chief Judge: Pierre Lewis appeals from his convictions on three counts: arson, in violation of D.C. Code § 22-301 (2001); malicious destruction of property (“MDP”), in violation of D.C. Code § 22-303 (2001); and obstruction of justice, in violation of D.C. Code § 22-722 (a)(2)(A) (2001).*fn1 He was sentenced to concurrent 48-month sentences on the arson and MDP counts, and 168 months, to be served consecutively, on the obstruction of justice count. On appeal, Lewis contends (1) that the trial court improperly curtailed his cross-examination of a key government witness and thereby violated his constitutional rights, and (2) that there was insufficient evidence that he possessed the mens rea required to convict him of arson. We hold that while there was no reversible error in the trial court’s curtailment of cross-examination, the government did fail to present sufficient evidence of Lewis’ mens rea to sustain his conviction for arson, and we, therefore, reverse his conviction on that count.

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