U.S. v. Martin, 76-1664

Decision Date02 November 1976
Docket NumberNo. 76-1664,76-1664
Citation543 F.2d 577
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Hershel Doyle MARTIN, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Joe A. Dycus, Asst. Federal Public Defender, Memphis, Tenn., for defendant-appellant.

Thomas F. Turley, Jr., U. S. Atty., Michael B. Neal, Memphis, Tenn., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and McCREE and LIVELY, Circuit Judges.

McCREE, Circuit Judge.

Hershel Doyle Martin was convicted by a jury of violation of 18 U.S.C. § 371 and sentenced to one year and one day, to be served concurrently with another sentence he was already serving. The indictment charged him with violating § 371 by conspiring in the Western Districts of Tennessee and Arkansas, and in other places, with others to deal in, possess and pass counterfeit money in violation of 18 U.S.C. §§ 472, 473.

Martin raises two issues in this appeal. First, he contends that regardless of any crimes that he may have committed in Arkansas, the evidence was insufficient to show his participation in the overall conspiracy, which included overt acts in Tennessee. Second, he argues that he was denied his Sixth Amendment right to a speedy trial.

The evidence showed that Martin sold counterfeit bills on consignment to John Wayne Roberts in Arkansas. Roberts was to pay Martin for those bills if and when Roberts sold them to others. Roberts sold them to Jerry Evans and Robert Kimball, who passed them in the Western District of Tennessee.

Martin contends that because he was unaware that Roberts would sell the counterfeit currency to individuals who would pass it in Tennessee, he cannot be convicted of conspiracy with the individuals who sold in Tennessee. Furthermore, he argues that because Roberts was unaware that Evans and Kimball would pass the bills in Tennessee, neither Roberts nor, perforce, appellant could have conspired with them to possess and pass counterfeit currency in Tennessee.

Martin relies upon our recent decision in United States v. Bostic, 480 F.2d 965 (6th Cir. 1973), and upon Judge Learned Hand's opinion in United States v. Peoni, 100 F.2d 401 (2d Cir. 1938). That reliance, however, is misplaced.

In Bostic, Bartlett was indicted for participation in a conspiracy with Bostic and several others to possess and pass counterfeit currency. The evidence showed, and weakly at that, only that Bartlett had sold counterfeit money to Bostic on one occasion. It was not demonstrated that Bartlett was aware that Bostic was or would be a participant in a conspiracy to possess and pass the currency with any other persons, not to speak of the particular persons in particular places who were charged in the indictment. The court therefore held that the evidence was insufficient to prove that Bartlett had conspired with Bostic and others to possess and pass counterfeit.

In Peoni, it was shown only that Peoni had sold a quantity of counterfeit bills to Regno, and that Regno had sold them to Dorsey, who was caught trying to pass them. It was not proved that Peoni was aware that Regno would sell the bills to another person, who would then pass them. After Regno had paid Peoni on the spot, Peoni had neither knowledge nor interest in what would be done with the bills next. The court therefore held that the evidence was insufficient to show that Peoni had conspired with Regno...

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11 cases
  • Serna v. Superior Court
    • United States
    • California Supreme Court
    • October 24, 1985
    ...of Columbia Circuits have interpreted Marion as holding that the right attaches upon the filing of formal charges. (United States v. Martin (6th Cir.1976) 543 F.2d 577, 579; United States v. Cordova (9th Cir.1976) 537 F.2d 1073, 1075; United States v. Jones (D.C.Cir.1975) 524 F.2d 834, 839,......
  • United States v. Donald, 80-1582
    • United States
    • U.S. Supreme Court
    • March 31, 1982
    ...e.g., United States v. Hillegas, 578 F.2d 453, 457-458 (CA2 1978); Arnold v. McCarthy, 566 F.2d 1377, 1383 (CA9 1978); United States v. Martin, 543 F.2d 577 (CA6 1976), cert. denied, 429 U.S. 1050, 97 S.Ct. 762, 50 L.Ed.2d 766 (1977); United States v. Bishton, 150 U.S.App.D.C. 51, 55, 463 F......
  • U.S. v. Henry
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 22, 1980
    ...(first indictment dismissed for technical reasons).The Sixth Circuit, however, has reached the opposite result. See United States v. Martin, 543 F.2d 577 (6th Cir. 1976), cert. denied, 429 U.S. 1050, 97 S.Ct. 762, 50 L.Ed.2d 766 (1977) (charges originally filed were dismissed and defendant ......
  • State v. Dorian
    • United States
    • Florida District Court of Appeals
    • March 30, 1993
    ...Trial Act); United States v. Pajari, 715 F.2d 1378 (8th Cir.1983); United States v. Hicks, 693 F.2d 32 (5th Cir.1982); United States v. Martin, 543 F.2d 577 (6th Cir.1976). Because the speedy trial rule has no application where the government, acting in good faith, formally drops charges be......
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