U.S. v. Stone, Nos. 83-5015

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtBefore ENGEL and KRUPANSKY, Circuit Judges, and WEICK; ENGEL
Citation748 F.2d 361
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Marvin STONE (83-5015), (84-5167), Edwin Driggers (83-5016), Defendants-Appellants.
Docket NumberNos. 83-5015,83-5016 and 84-5167
Decision Date27 November 1984

Page 361

748 F.2d 361
UNITED STATES of America, Plaintiff-Appellee,
v.
Marvin STONE (83-5015), (84-5167),
Edwin Driggers (83-5016), Defendants-Appellants.
Nos. 83-5015, 83-5016 and 84-5167.
United States Court of Appeals,
Sixth Circuit.
Argued Oct. 8, 1984.
Decided Nov. 27, 1984.

Page 362

Daniel H. Greenberg (argued), New York City, for defendants-appellants in Nos. 83-5015 and 83-5167.

Louis DeFalaise, U.S. Atty., Robert F. Trevey, Asst. Atty. Gen. (argued), Lexington, Ky., for plaintiff-appellee in Nos. 83-5015, 83-5016 and 83-5167.

Lowell Lundy, Lois Renfro Morris (argued), Barbourville, Ky., for defendant-appellant in No. 83-5016.

Before ENGEL and KRUPANSKY, Circuit Judges, and WEICK, Senior Circuit Judge.

ENGEL, Circuit Judge.

Defendants Marvin Stone and Edwin Driggers appeal from a judgment of conviction entered against them by United States District Judge Eugene E. Siler, Jr. after a trial before a jury. Marvin Stone also appeals from an order of Judge Siler denying Stone's motion for a new trial.

The United States filed an indictment on May 18, 1982. The indictment charged defendants Edwin Driggers, Marvin Stone, and Roy K. Cornelius with conspiracy to defraud individuals who formed limited partnerships in order to invest in tax shelter programs in violation of 18 U.S.C. Sec. 371 and with three counts of mail fraud in violation of 18 U.S.C. Sec. 1341. A jury found Edwin Driggers and Marvin Stone guilty on all counts. On January 3, 1983 Judge Siler imposed sentences on Driggers and Stone. The district court denied the defendants' motions for acquittal pursuant to F.R.Cr.P. 29(c) and for a new trial pursuant to F.R.Cr.P. 33.

The defendants Stone and Driggers appeal from their convictions contending that the district court erred in not granting their motions for acquittal since there was insufficient evidence of a conspiracy to defraud and insufficient evidence of mail fraud. Defendant Stone also contends that the district court erred in not granting a new trial because evidence of a newspaper interview was improperly admitted and, alternatively, because the district court failed to hold a post-trial evidentiary hearing regarding whether certain documents were forged.

After a careful examination of the record and a consideration of the briefs of the parties, we are fully satisfied that none of the grounds raised on appeal has merit or warrants any extended discussion. We write only to lay to rest once and for all the assertion...

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238 practice notes
  • Kimberlin v. Quinlan, No. 91-5315
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Octubre 1993
    ...supporting a guilty verdict."), cert. denied, --- U.S. ----, 113 S.Ct. 287, 121 L.Ed.2d 213 (1992); see also United States v. Stone, 748 F.2d 361, 362 (6th Cir.1984) (ruling that "circumstantial evidence alone can sustain a guilty verdict and that to do so, circumstantial evidence need not ......
  • U.S. v. Frost, Nos. 95-6004
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 12 Septiembre 1997
    ...L.Ed.2d 560 (1979)). Further, "circumstantial evidence alone can sustain a guilty verdict," id. at n. 2 (quoting United States v. Stone, 748 F.2d 361, 362 (6th Cir.1984)), and we will draw all reasonable inferences in favor of the prosecution. See, e.g., United States v. Oldfield, 859 F.2d ......
  • U.S. v. Bailey, No. 06-5576.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 20 Enero 2009
    ...evidence upon the record as a whole.'" United States v. Barnett, 398 F.3d 516, 522 (6th Cir.2005) (quoting United States v. Stone, 748 F.2d 361, 363 (6th Cir.1984)). "If the evidence, however, is such that a rational fact finder must conclude that a reasonable doubt is raised, this court is......
  • United States v. Williams, Nos. 18-6343/19-5745/5764
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 26 Mayo 2021
    ...upon the record as a whole, and this rule applies whether the evidence is direct or wholly circumstantial." United States v. Stone , 748 F.2d 361, 363 (6th Cir. 1984).A. Existence of a Conspiracy (Count One)All three defendants assert that there is insufficient evidence of a single conspira......
  • Request a trial to view additional results
238 cases
  • Kimberlin v. Quinlan, No. 91-5315
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Octubre 1993
    ...supporting a guilty verdict."), cert. denied, --- U.S. ----, 113 S.Ct. 287, 121 L.Ed.2d 213 (1992); see also United States v. Stone, 748 F.2d 361, 362 (6th Cir.1984) (ruling that "circumstantial evidence alone can sustain a guilty verdict and that to do so, circumstantial evidence need not ......
  • U.S. v. Frost, Nos. 95-6004
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 12 Septiembre 1997
    ...L.Ed.2d 560 (1979)). Further, "circumstantial evidence alone can sustain a guilty verdict," id. at n. 2 (quoting United States v. Stone, 748 F.2d 361, 362 (6th Cir.1984)), and we will draw all reasonable inferences in favor of the prosecution. See, e.g., United States v. Oldfield, 859 F.2d ......
  • U.S. v. Bailey, No. 06-5576.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 20 Enero 2009
    ...evidence upon the record as a whole.'" United States v. Barnett, 398 F.3d 516, 522 (6th Cir.2005) (quoting United States v. Stone, 748 F.2d 361, 363 (6th Cir.1984)). "If the evidence, however, is such that a rational fact finder must conclude that a reasonable doubt is raised, this court is......
  • United States v. Williams, Nos. 18-6343/19-5745/5764
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 26 Mayo 2021
    ...upon the record as a whole, and this rule applies whether the evidence is direct or wholly circumstantial." United States v. Stone , 748 F.2d 361, 363 (6th Cir. 1984).A. Existence of a Conspiracy (Count One)All three defendants assert that there is insufficient evidence of a single conspira......
  • Request a trial to view additional results

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