U.S. v. Sturm, 81-1653
| Decision Date | 11 March 1982 |
| Docket Number | No. 81-1653,81-1653 |
| Citation | 671 F.2d 749 |
| Parties | 9 Fed. R. Evid. Serv. 1509 UNITED STATES of America v. Frederick C. STURM, III, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Stephen D. Ivey (argued), Philadelphia, Pa., for appellant.
Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., W. Cecil Jones (argued), William B. Carr, Jr., Asst. U. S. Attys., Philadelphia, Pa., for appellee.
Before ADAMS, GIBBONS and GARTH, Circuit Judges.
Frederick Sturm was indicted on October 19, 1980, and charged with five counts of mail fraud and one count of conspiracy to commit mail fraud, 18 U.S.C. §§ 1341, 371. The Government alleged that from November 1979 through the date of the indictment, Sturm and four others conspired to defraud the Insurance Placement Facility of Pennsylvania, an insurance company, by setting fire to the Monterey Apartments and seeking to collect the fire insurance proceeds. Two of Sturm's codefendants pleaded guilty to the conspiracy count and were each sentenced to three years imprisonment. Sturm was granted a severance from the trial of the other two codefendants, Anthony Marinucci and John Cavaliere. On February 25, 1981, a jury found Sturm guilty on all six counts and he was sentenced to a total of ten years imprisonment and fined $15,000. Sturm then filed a timely appeal. On appeal Sturm claims that he had ineffective trial counsel, and also challenges the sufficiency of the evidence as well as the propriety of several evidentiary rulings. We reject his contentions, and affirm the judgment of conviction.
Sturm first argues that he received ineffective assistance of counsel under the sixth amendment, alleging that his attorney failed properly to investigate and prepare his case for trial. As a general rule, appellate courts are unable to consider ineffective assistance of counsel claims on direct appeal. United States v. Rad-O-Lite of Philadelphia, Inc., 612 F.2d 740 (3d Cir. 1979); United States v. Garcia, 544 F.2d 681, 684 n.1 (3d Cir. 1976). Such claims typically require the reviewing court to consider allegations and evidence that are outside of the trial record. In this case, for example, we lack evidence or findings as to what investigations were actually conducted, and as to the nature and plausibility of any explanations Sturm's counsel may have had for a decision not to investigate. In order properly to deal with allegations of inadequate assistance of counsel, therefore, the normal course is to permit the accused to raise such an objection only in a collateral proceeding under 28 U.S.C. § 2255, in which the district court may develop an appropriate factual record. United States v. Rad-O-Lite of Philadelphia, Inc., 612 F.2d at 744. Accordingly, we will not review Sturm's allegations of ineffective assistance of counsel on direct appeal, but make clear that this is without prejudice to a subsequent claim under 28 U.S.C. § 2255.
Sturm also alleges that the evidence at trial was insufficient to prove the intent and causation necessary to support his convictions under 18 U.S.C. §§ 371, 1341. The proper standard of appellate review with respect to a claim that the evidence does not support a conviction is whether, viewing the evidence in the light most favorable to the Government, together with all reasonable inferences to be drawn therefrom, substantial evidence supports the jury's verdict. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942).
To support a conviction for mail fraud the Government's evidence must show that the defendant agreed to participate in a scheme to defraud and that he caused the mails to be used in furtherance of the scheme. United States v. Pereira, 347 U.S. 1, 74 S.Ct. 358, 98 L.Ed. 435 (1954). The necessary intent may be shown by evidence that the defendant, "devised the fraudulent scheme ... or ... participated in it with knowledge of its fraudulent nature." United States v. Pearlstein, 576 F.2d 531, 537 (3d...
To continue reading
Request your trial
-
Grand Jury Matter, Gronowicz, In re
...appear that under the fraud statutes the government must prove that the falsehoods were knowingly or recklessly made. See United States v. Sturm, 671 F.2d 749 (3d Cir.), cert. denied, 459 U.S. 842, 103 S.Ct. 95, 74 L.Ed.2d 86 (1982); United States v. Boyer, 694 F.2d 58 (3d Appellant concede......
-
U.S. v. Felton, s. 85-3303
...of ineffectiveness of counsel and defer that issue without prejudice to a separate action under 28 U.S.C. Sec. 2255. See United States v. Sturm, 671 F.2d 749 (3d Cir.), cert. denied, 459 U.S. 842, 103 S.Ct. 95, 74 L.Ed.2d 86 Accordingly, the judgment of the district court will be affirmed. ......
-
U.S. v. Johnson
...that the prosecutor's remarks did not constitute evidence precluded any perceptible prejudice to Johnson. Cf. United States v. Sturm, 671 F.2d 749, 751-52 (3d Cir.1982) (finding that immediate curative instruction averted prejudice to defendant from question regarding his pretrial efforts t......
-
Luzerne County Retirement Bd. v. Makowski
...of the scheme; and (3) fraudulent intent. United States v. Pharis, 298 F.3d 228, 233-34 (3d Cir.2002) (citing United States v. Sturm, 671 F.2d 749, 751 (3d Cir.1982)). An additional issue is whether Plaintiff's RICO claims are barred by the PSLRA. This issue will be addressed a. The PSLRA D......