United States v. Brinson, 18932.
Decision Date | 13 June 1969 |
Docket Number | No. 18932.,18932. |
Citation | 411 F.2d 1057 |
Parties | UNITED STATES of America, Plaintiff-Appellee, v. John BRINSON, Defendant-Appellant. |
Court | U.S. Court of Appeals — Sixth Circuit |
Allen N. Brunwasser, Pittsburgh, Pa., on brief, for appellant.
Robert J. Grace, U. S. Atty., Franklin G. Koory, Asst. U. S. Atty., Detroit, Mich., on brief, for appellee.
Before PHILLIPS, McCREE and COMBS, Circuit Judges.
Appellant was convicted of transporting in interstate commerce money of the value of $5,0001 knowing the same to have been taken by fraud. His appeal presents three issues. First, he contends it was plain error to permit the United States Attorney to inquire in the presence of the jury whether appellant had previously disclosed his trial-asserted defense to any prosecuting agent or law enforcement officers. He also claims that error was committed when the District Judge refused to enforce a subpoena to compel the attendance of a defense witness. Finally, he asserts that it was error for the trial prosecutor and judge to vouch for the credit of a witness for the Government. We reverse on the first ground.
Appellant and his co-defendant, Helen Rucker, were accused of fraudulently obtaining $5,000 from a Mrs. Lee and transporting it from Flint, Michigan to Pittsburgh, Pennsylvania. Defendant, who took the stand, admitted the fraudulent procurement of the $5,000 but testified that a division of the spoils took place in Michigan prior to his departure from that state and that he therefore did not transport in interstate commerce an amount of money sufficient to make his offense a federal crime. Helen Rucker, who had previously pleaded guilty, contradicted this testimony.
The testimony relevant to the first issue on appeal is as follows:
Emphasis was afforded this line of interrogation by the United States Attorney in his argument at the conclusion of the proofs:
I want to cover just two other things that you should consider when you determine whether Mr. Brinson is telling the truth about what happened after they left Flint. One is his statement that, well, what he testified to was true, he never found it appropriate to mention it to any law enforcement officer or FBI agent. Surely Mr. Brinson doesn\'t think that the Government is interested in prosecuting innocent people and if he had an explanation he might have well considered it appropriate to an earlier time to mention it. He did not, but which is his right but I think it is a circumstance you can take into consideration along with the other proofs in this case.
Appellant did not object to the interrogation or to this argument, but, we may consider this issue if it is plain error affecting a substantial right. Fed. R.Crim.P. 52(b).
In Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), the Supreme Court stated:
Subsequent decisions have held...
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...the accused was not only in the custody of the police, but was also subjected to interrogation. See, for example, United States v. Brinson (C.A.6, 1969), 411 F.2d 1057; People v. Christman (1969), 23 N.Y.2d 429, 297 N.Y.S.2d 134, 244 N.E.2d 703; United States ex rel. Smith v. Brierly (C.A.3......
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U.S. v. Agee, s. 77-1675
...States v. Nolan, 416 F.2d 588, 594 (10th Cir.), Cert. denied, 396 U.S. 912, 90 S.Ct. 227, 24 L.Ed.2d 187 (1969); United States v. Brinson, 411 F.2d 1057, 1059 (6th Cir. 1969). Cf. United States v. Anderson, 162 U.S.App.D.C. 305, 498 F.2d 1038, 1040-44 (1974), Aff'd sub nom. United States v.......
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Chapman v. U.S.
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United States v. Lenardo, Crim. A. No. 74-323.
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