U.S. v. Thurmond, 76-1316
| Decision Date | 21 September 1976 |
| Docket Number | No. 76-1316,76-1316 |
| Citation | 541 F.2d 774 |
| Parties | UNITED STATES of America, Appellee, v. Raymond Glen THURMOND, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Michael Baker, Springfield, Mo., for appellant.
Bert C. Hurn, U. S. Atty., and David H. Jones, Asst. U. S. Atty., Springfield, Mo., for appellee.
Before GIBSON, Chief Judge, and MARKEY, * and STEPHENSON, Circuit Judge.
Defendant, Raymond Thurmond, appeals his conviction for transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 (1970). He received a four-year prison sentence.
On May 13, 1975, a green and white 1974 Oldsmobile Luxury Coupe was stolen from a new car dealership in San Antonio, Texas. Earlier that day Thurmond had test-driven that particular automobile and had remained on the car lot for approximately one hour. Two days later Thurmond checked into the Tara Motel in Joplin, Missouri, and disclosed on the registration card that he was driving an Oldsmobile automobile with license plate number "EGH-514". Galen Bohen of San Antonio testified that he had known Thurmond for some time and that license plates bearing the number "EGH-514" had been stolen from an automobile owned by Bohen. License plates with the number "EGH-514" were later recovered in the Tara Motel room occupied by Thurmond. Bohen also testified that Thurmond called him on May 16, 1975, and asked to send him money in Joplin, Missouri.
In Joplin Thurmond became acquainted with Donal McConnell who was the key Government witness at Thurmond's trial. McConnell testified that he met Thurmond on May 15, 1975, in a Joplin tavern. Thurmond informed McConnell that he was having problems with an automobile; McConnell offered his assistance. Thereafter, McConnell proceeded to the Tara Motel and picked up the 1974 Oldsmobile identified by Thurmond as the one that was creating problems. At trial McConnell identified the Oldsmobile as the one stolen from San Antonio. When McConnell inquired of Thurmond as to whether the Oldsmobile was stolen, Thurmond replied: McConnell and Thurmond discussed disposing of the automobile and splitting the proceeds. For his participation in the attempt to dispose of the stolen Oldsmobile, McConnell was charged with receiving a stolen automobile which had travelled in interstate commerce. McConnell plead guilty to the charge and was placed on probation for five years.
Thurmond's initial contention is that the District Court should have dismissed his case because he was subjected to cruel and unusual punishment during his transfer by the Government from Texas, where he was arrested, to Springfield, Missouri. During that transfer it is alleged by Thurmond that he was incarcerated in a solitary confinement cell in Texarkana and was deprived of his belongings. Thurmond has cited no case law supportive of his position that cruel and unusual punishment at the pre-trial stage automatically entitles the accused to a dismissal of the charges. Generally, such contentions are advanced in a habeas corpus proceeding or a 42 U.S.C. § 1983 action. Thurmond does not contend that his pre-trial detention affected his ability to defend against the charges, nor is there any showing that the Government used the incarceration to extract evidence from Thurmond in violation of his right to counsel or his right to Miranda warnings. Under the circumstances of this case, Thurmond's cruel and unusual punishment claim provides no relief from the criminal charges and resultant conviction. See State v. Williams, 157 Conn. 114, 121-122, 249 A.2d 245, 248-49 (1968); State v. Coleman, 460 S.W.2d 719, 728 (Mo.1970).
The second ground set forth for reversal is that the District Court should have granted Thurmond's motion for directed verdict of acquittal at the close of all the evidence on the basis that there was insufficient evidence to support a conviction. In order to establish a violation of § 2312, the Government has the burden of proving that the automobile in question was stolen, that it was transported in interstate commerce by defendant and that defendant was aware that it was stolen. United States v. King, 425 F.2d 1163, 1164 (5th Cir. 1970). The Government in this case presented proof that the 1974 Oldsmobile recovered in Joplin was the vehicle stolen in San Antonio. The jury could infer from McConnell's testimony and an abundance of direct and circumstantial evidence that Thurmond knew the Oldsmobile was stolen and that he had transported it from Texas. This case is unlike those cited by Thurmond in which there was an absence of proof connecting defendant to...
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