United States v. Huckensteine, 72-1350.

Decision Date22 March 1973
Docket NumberNo. 72-1350.,72-1350.
Citation475 F.2d 1131
PartiesUNITED STATES of America, Appellee, v. Edwin Joseph HUCKENSTEINE, Appellant.
CourtU.S. Court of Appeals — Eighth Circuit

John A. Rava, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., on briefs for appellant.

Daniel Bartlett, U. S. Atty., and Jerry L. Murphy, Asst. U. S. Atty., St. Louis, Mo., on brief for appellee.

Before MATTHES, Chief Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Edwin Joseph Huckensteine appeals from his conviction by the district court of five charges of violation of 18 U.S.C. § 472. Appellant was convicted of four charges of passing a counterfeited obligation of the United States and one charge of possessing and concealing counterfeited obligations of the United States. The district court sentenced appellant to six years imprisonment for each of the five counts, the sentences to be served concurrently.

On the evening of February 3, 1972, appellant was arrested by Deputy Sheriff Kimbrow of the Poplar Bluff City Police. The arrest occurred after a series of events beginning when appellant passed a counterfeit twenty dollar bill in Mike's Lounge in Poplar Bluff, Missouri. The Poplar Bluff Police were notified of this occurrence, and Deputy Sheriff Kimbrow went to Mike's Lounge to pick up the counterfeit note. Deputy Pickett was given a description of appellant and the car, located the car, and began following it. Appellant went to three other bars in the Poplar Bluff area and passed counterfeit notes; Deputy Pickett at no time lost sight of the car during this time and was in constant radio contact with Deputy Sheriff Kimbrow. Deputy Sheriff Kimbrow went to each bar after appellant had left and picked up the counterfeit notes which appellant passed. Deputy Pickett then lost sight of the car. The Poplar Bluff City Police spotted the car about an hour later and sent a radio dispatch. Deputy Sheriff Kimbrow immediately proceeded to the vicinity, blocked appellant's car and ordered the occupants out of the car. Trooper Ronald Jones of the Missouri State Highway Department, who had been in constant radio contact with the Poplar Bluff Police the entire evening, arrived at the scene approximately one minute after Deputy Sheriff Kimbrow. As Trooper Jones approached the group standing around the car, he overheard that appellant was under arrest. He then noticed that the right rear door was open about four inches and opened it all the way. When he opened the door he observed a pack of counterfeit money wedged between two paper bags and seized it.

Appellant alleges as error

(1) That the counterfeit notes found in the back of the car were illegally seized by Trooper Jones and that therefore the district court erred in denying his motion to suppress.
(2) That he was prejudiced by the district court\'s denial of his motion for production and inspection of the grand jury minutes.

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4 cases
  • Kelton v. United States, Civ. A. No. 74CV229-W-3.
    • United States
    • U.S. District Court — Western District of Missouri
    • January 7, 1975
    ...v. United States, 457 F.2d 1328, 1331 (8th Cir. 1972); United States v. Dugan, 477 F.2d 140 (8th Cir. 1973); United States v. Huckensteine, 475 F.2d 1131 (8th Cir. 1973); see also, Benton v. Maryland, 395 U.S. 784, 789-790, 89 S.Ct. 2056, 2059-2060, 23 L.Ed.2d 707, Alternatively, it is conc......
  • State v. Shives
    • United States
    • Missouri Court of Appeals
    • June 9, 1980
    ...the failure of a grand jury to keep minutes of its proceedings does not constitute a denial of "due process". United States v. Huckensteine, 475 F.2d 1131, 1132 (8th Cir. 1973); United States v. Gray, 464 F.2d 632, 635 (8th Cir. 1972); and United States v. Harflinger, 436 F.2d 928 (8th Cir.......
  • United States v. Irby, 72-1711.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 29, 1973
    ...United States, 457 F.2d 1328, 1331 (8th Cir. 1972); accord, United States v. Dugan, 477 F.2d 140 (8th Cir. 1973); United States v. Huckensteine, 475 F.2d 1131 (8th Cir. 1973); compare Greene v. United States, 358 U.S. 326, 329-330, 79 S.Ct. 340, 3 L.Ed.2d 340 (1959). In this case there is n......
  • United States v. Dugan, 72-1472.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 20, 1973
    ...1331 (8th Cir. 1972); Greene v. United States, 358 U.S. 326, 79 S.Ct. 340, 3 L.Ed.2d 340 (1959); see also United States v. Huckensteine, 475 F.2d 1131 (8th Cir. March 22, 1973). The conviction of George Ronald Dugan is * Chief Judge, District of South Dakota, sitting by designation. ...

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