Third Circuit: USA v. Christopher Welshans

Where deft stipulated to the prohibited content, error to admit prejudicial videos and refer to them in closing, but no Due Process violation given the overwhelming evidence of guilt.

Deft's deletion of files upon learning that the police were on the way was sufficiently contemporaneous with arrest to qualify for the Obstruction sentencing enhancement, but as the files were simply moved to the recycle file, there was no material hindrance.

Concur/Dissent:  Actions upon learning of investigation are not sufficiently contemporaneous with arrest.

http://www2.ca3.uscourts.gov/opinarch/164106p.pdf