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United States v. Wise, 221 F.3d 140 (5th Cir. 2000) (full-text), cert. denied, 532 U.S. 959 (2001).
Appellate Court Proceedings Edit
The defendant threatened to use a weapon of mass destruction via e-mails sent to government agencies from a government agent's computer. Where there was no evidence of bad faith by the government, which did not have custody of the computer, and the disappearance of some data was due to the fact that the agent, who was private owner of the computer, made a personal decision to install a new program, the district court properly declined to instruct the jury on the issue of spoliation of evidence.