U.S. v. Semaan, s. 78-1669

• Citation: 594 F.2d 1215
• Decision Date: 21 May 1979
• Docket Number: Nos. 78-1669,78-1670,s. 78-1669
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)
• Parties: 4 Fed. R. Evid. Serv. 561 UNITED STATES of America, Appellee, v. Gaby Habib SEMAAN, Appellant.

Page 1215

594 F.2d 1215

4 Fed. R. Evid. Serv. 561

UNITED STATES of America, Appellee, v. Gaby Habib SEMAAN, Appellant.

Nos. 78-1669, 78-1670.

United States Court of Appeals Eighth Circuit.

Submitted Feb. 12, 1979.

Decided March 21, 1979.

Certiorari Denied May 21, 1979.

See 99 S.Ct. 2413.

Scott F. Tilsen of Connolly & Heffernan, St. Paul, Minn., for appellant.

Douglas A. Kelley, Asst. U. S. Atty., Minneapolis, Minn. (argued), Andrew W. Danielson, U. S. Atty., Minneapolis, Minn., and Robert Gjorvad, Legal Intern, on brief, for appellee.

Before MATTHES, Senior Circuit Judge, HENLEY, Circuit Judge, and NANGLE, District Judge. ^*

NANGLE, District Judge.

Defendant Gaby Habib Semaan appeals from a judgment of the district court, following a jury trial finding defendant guilty of two counts of making materially false statements in a loan application to a federally insured bank, 18 U.S.C. § 1014, and 11 counts of interstate transportation of forged travelers checks, 18 U.S.C. §§ 2314 and 2.

Defendant argues that the convictions should be reversed because (1) evidence of other alleged misconduct by defendant was erroneously admitted; (2) there was repeated and intentional improper prosecutorial questioning and argument directed toward defendant's character; (3) the district court failed to give the substance of defendant's instructions concerning the testimony of the handwriting expert; and (4) the district court abused its discretion in answering a fact question from the jury during its deliberation, in allowing the United States Attorney to provide the answer and by failing to incorporate other testimony in the answer. We affirm.

From December, 1976 through May, 1977, defendant shared an apartment in Minneapolis, Minnesota with Mohammad Esmaili, and, at times, Morteza Sadat. Defendant was employed whereas Esmaili and Sadat were students. On February 23, 1977, Esmaili discovered that $1,500 worth of travelers checks, the title card to his truck, and his savings passbook were missing from the glove compartment of his Chevrolet Blazer truck. Defendant had access to the truck. On the following day, Esmaili applied for a refund of the travelers checks. The evidence showed that Esmaili had signed the checks at the time of purchase but had not countersigned any of them. These checks were cashed at various places in the Minneapolis-St. Paul area between February 23, 1977 and March 1, 1977. One check was cashed at a department store and the sales clerk there was able to identify defendant as the individual who had signed and presented the travelers check to her.

Three checks were used to pay an installment of a car loan in the name of Semaan. Another check was used to purchase an airline ticket to Chicago, which ticket was issued in Semaan's name. At trial, the handwriting expert testified that the countersignatures on the twenty travelers checks involved in the indictment were written by defendant.

Testimony at trial established that defendant had withdrawn funds from the savings account of Esmaili. The teller was able to identify defendant, and defendant's fingerprints were found on the withdrawal slip.

On April 19, 1977, an individual, purporting to be Esmaili but later identified as defendant, applied for a loan at the First Southdale Bank of Edina, Minnesota. The individual offered to pledge a Chevrolet Blazer, displaying its title card to the loan officer, as collateral. The loan officer rejected the loan, stating that a guarantor was required. The individual obtained a blank loan obligation form for the guarantor and later returned with a completed application in the name of Philip V. Palmquist. A notarized guaranty signed by Palmquist was also produced. The loan was eventually approved in the amount of $4,500. The handwriting expert testified at trial that defendant had forged Esmaili's signature on the loan application, had completed the guarantor application, and signed the same. Defendant's fingerprints were found on the guarantor application.

Defendant maintained that he had been framed by Esmaili because of religious animosity, and jealousy over defendant's resident alien status. He maintained that Esmaili had signed the travelers checks himself and given them to defendant.

Evidence was introduced which showed that defendant had, in 1975, engaged in a double-recovery scheme involving travelers checks. He had purchased $1,000 of travelers checks, made an application for refund one year later, but had in fact countersigned, and presumably cashed, at least seven of the checks. Defendant contends that this evidence was erroneously admitted. Rule 404(b), Federal Rules of Evidence, allows for the introduction of evidence of other crimes or wrongs where admission is sought to prove ...