Carter v. United States

• Decision Date: 16 June 1966
• Docket Number: No. 22859.,22859.
• Citation: 362 F.2d 257
• Parties: Glen Thomas CARTER, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

362 F.2d 257 (1966)

Glen Thomas CARTER, Appellant, v. UNITED STATES of America, Appellee.

No. 22859.

United States Court of Appeals Fifth Circuit.

June 16, 1966.

Robert Coffey (Court-appointed counsel), Houston, Tex., for appellant.

James R. Gough, Asst. U. S. Atty., Woodrow Seals, U. S. Atty., Thomas L. Morrill, James F. Dickson, Jr., Asst. U. S. Attys., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and RIVES, Circuit Judges.

HUTCHESON, Circuit Judge:

This appeal is from a conviction on two counts of a three count indictment charging transportation of stolen motor vehicles in foreign commerce in violation of 18 U.S.C. Section 2312.¹ Appellant Carter complains that testimony given by certain Government witnesses was improperly admitted into evidence by the court below and requests a reversal based upon this alleged error. We find no error and accordingly affirm.

Glen Thomas Carter was charged with driving several stolen automobiles from Laredo, Texas, to Nuevo Laredo, Mexico, during late September and early October, 1964, knowing at the time that the vehicles were stolen. Carter admitted driving the automobiles in question both in Texas and in Mexico; but he denied knowledge of the fact that the cars were stolen, and denied having driven them from Texas into Mexico, both of which are essential elements of the offense charged.

The Government's chief witness was Joe G. Vallejo, a junk dealer who hauled various materials between San Antonio and Laredo, Texas. Vallejo testified that in late September, 1964, he picked up Carter hitchhiking in Laredo and gave him a ride to San Antonio; that during the ride Carter discussed the cars in question and requested his assistance in disposing of them; and that Carter admitted driving the cars into Mexico and knowing that they were without certificates of title and presumably stolen. Vallejo reported this conversation to the Federal Bureau of Investigation, which placed both men under surveillance. After notifying the F. B. I., Vallejo continued his contacts with Carter. Shortly thereafter Carter and Vallejo traveled to Nuevo Laredo, Mexico, where Carter showed Vallejo the stolen vehicles.

Carter, represented by privately retained counsel, testified in his own behalf and denied Vallejo's story. He related that he had driven the cars to Laredo, Texas, and thereafter in Mexico, at the request of a third party working in connection with Vallejo (and who could not be identified or found at the time of the trial); but stated that he did not know the cars were stolen, nor did he transport them across the border.

Carter was arrested by state authorities in San Antonio on his return from Nuevo Laredo on October 5, 1964. He was confined several days in the San Antonio jail. On the day of his arrest, and again three days later he was interviewed in jail by F.B.I. Special Agent David C. Powers; on October 6, he was interviewed by San Antonio Police Detective Nathan R. McRae. Agent Powers stated that before each interview he "advised Carter that he had the right to consult with an attorney prior to saying anything to us, that he could remain silent, that anything he did say could be used against him in a Court of Law". Detective McRae stated that he also "warned Carter of his constitutional rights." Powers and McRae testified during the trial, the former over the objection of Carter's counsel, regarding the interviews with Carter. The information so revealed, however, fully coincided with Carter's own story during the trial; Carter told Powers and McRae that he was working for Vallejo and another man, and that he did not know the cars were stolen and did not drive them across the border into Mexico.

The Government presented additional witnesses whose testimony served to connect Carter with the stealing of the automobiles in San Antonio and with the stolen vehicles in Mexico. Upon all this evidence the jury...