United States v. Payne, No. 72-1215.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtELY, HUFSTEDLER, and WALLACE, Circuit
Citation474 F.2d 603
PartiesUNITED STATES of America, Plaintiff-Appellee, v. V. J. PAYNE, aka Marvin Hunt, et al., Defendant-Appellant.
Decision Date07 February 1973
Docket NumberNo. 72-1215.

474 F.2d 603 (1973)

UNITED STATES of America, Plaintiff-Appellee,
v.
V. J. PAYNE, aka Marvin Hunt, et al., Defendant-Appellant.

No. 72-1215.

United States Court of Appeals, Ninth Circuit.

February 7, 1973.


John S. Lane, Long Beach, Cal., for defendant-appellant.

William D. Keller, U.S. Atty., David P. Curnow, Eric A. Nobles, Asst. U.S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before ELY, HUFSTEDLER, and WALLACE, Circuit Judges.

WALLACE, Circuit Judge:

After a six-day jury trial, Payne was found guilty of fourteen counts involving conspiracy, mail fraud, fraud by wire and interstate transportation of goods taken by fraud (18 U.S.C. §§ 371, 1341, 1343 and 2314). Payne appeals from this conviction on three grounds: that the trial court erroneously admitted into evidence proof of a prior conviction; that the trial court erred in admitting into evidence his prior statements; and that the evidence was insufficient to

474 F.2d 604
support the verdict. We reject all of these contentions and affirm the judgment

The modus operandi of Payne and codefendant William Shiller was to set up an office with appropriate trappings, establish a phony line of credit at a reputable bank and place orders with frozen food distributors. In reply to credit inquiries, they would invite the distributors to check with their bank. Also, they would provide a Dun and Bradstreet report which was made up from information they had furnished Dun and Bradstreet.

After a line of credit had been verified, the distributors would send a series of shipments of frozen food. In the meantime, Payne and Shiller would have arranged to sell the shipments to other frozen food buyers at discounted prices. When the shipments arrived, they would immediately transfer ownership to the new owner. Payne and Shiller kept the proceeds from all the discounted sales but usually paid the distributor for the first order only in a series of purchases.

EVIDENCE OF PRIOR CONVICTION

Mail fraud requires proof of specific intent. In meeting its burden, the government offered into evidence proof of a prior conviction for mail fraud in the form of a signed stipulation which was read to the jury. Not only did Payne fail to object, but he indicated his assent by joining in the stipulation. Under these circumstances, only plain error could survive for appellate correction. Silber v. United States, 370 U.S. 717, 82 S.Ct. 1287, 8 L.Ed.2d 798 (1962); United States v. Atkinson, 297 U.S. 157, 56 S.Ct....

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15 practice notes
  • U.S. v. Pearlstein, No. 77-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 21, 1978
    ...be shown that the defendants possessed the requisite intent to defraud. Proof is required of a specific intent, United States v. Payne, 474 F.2d 603, 604 (9th Cir. 1973), and the defendants must either have devised the fraudulent scheme themselves, e. g., United States v. Dreer, 457 F.2d 31......
  • Attorney Grievance Commission of Maryland v. Klauber, No. 5
    • United States
    • Court of Appeals of Maryland
    • February 10, 1981
    ...v. Bush, 522 F.2d 641, 648 (7th Cir. 1975), cert. denied, 426 U.S. 912, 96 S.Ct. 2237, 48 L.Ed.2d 837 (1976); United States v. Payne, 474 F.2d 603, 604 (9th Cir. 1973); and United States v. Bessesen, 445 F.2d 463, 468-69 (7th Cir.), cert. denied, 404 u.S. 984, 92 S.Ct. 448, 30 L.Ed.2d 368 (......
  • Attorney Grievance Com'n of Maryland v. Mandel
    • United States
    • Court of Appeals of Maryland
    • October 28, 1982
    ...v. Bryza, 522 F.2d 414, 421 (7th Cir.1975), cert. denied, 426 U.S. 912 [96 S.Ct. 2237, 48 L.Ed.2d 837] (1976); United States v. Payne, 474 F.2d 603, 604 (9th Cir.1973); and United States v. Bessesen, 445 F.2d 463, 468-69 (7th Cir.), cert. denied, 404 U.S. 984 [92 S.Ct. 448, 30 L.Ed.2d 368] ......
  • Utz, In re, No. S005651
    • United States
    • United States State Supreme Court (California)
    • March 30, 1989
    ...Petroleum Corp. of Michigan v. United States (1980) 446 U.S. 936, 100 S.Ct. 2153, 64 L.Ed.2d 788; United States v. Payne (9th Cir.1973) 474 F.2d 603; see also 18 U.S.C. § 2314 [fraud in interstate transport, requires intent to defraud]; United States v. Freeman (5th Cir.1980) 619 F.2d 1112,......
  • Request a trial to view additional results
15 cases
  • U.S. v. Pearlstein, No. 77-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • April 21, 1978
    ...be shown that the defendants possessed the requisite intent to defraud. Proof is required of a specific intent, United States v. Payne, 474 F.2d 603, 604 (9th Cir. 1973), and the defendants must either have devised the fraudulent scheme themselves, e. g., United States v. Dreer, 457 F.2d 31......
  • Attorney Grievance Commission of Maryland v. Klauber, No. 5
    • United States
    • Court of Appeals of Maryland
    • February 10, 1981
    ...v. Bush, 522 F.2d 641, 648 (7th Cir. 1975), cert. denied, 426 U.S. 912, 96 S.Ct. 2237, 48 L.Ed.2d 837 (1976); United States v. Payne, 474 F.2d 603, 604 (9th Cir. 1973); and United States v. Bessesen, 445 F.2d 463, 468-69 (7th Cir.), cert. denied, 404 u.S. 984, 92 S.Ct. 448, 30 L.Ed.2d 368 (......
  • Attorney Grievance Com'n of Maryland v. Mandel
    • United States
    • Court of Appeals of Maryland
    • October 28, 1982
    ...v. Bryza, 522 F.2d 414, 421 (7th Cir.1975), cert. denied, 426 U.S. 912 [96 S.Ct. 2237, 48 L.Ed.2d 837] (1976); United States v. Payne, 474 F.2d 603, 604 (9th Cir.1973); and United States v. Bessesen, 445 F.2d 463, 468-69 (7th Cir.), cert. denied, 404 U.S. 984 [92 S.Ct. 448, 30 L.Ed.2d 368] ......
  • Utz, In re, No. S005651
    • United States
    • United States State Supreme Court (California)
    • March 30, 1989
    ...Petroleum Corp. of Michigan v. United States (1980) 446 U.S. 936, 100 S.Ct. 2153, 64 L.Ed.2d 788; United States v. Payne (9th Cir.1973) 474 F.2d 603; see also 18 U.S.C. § 2314 [fraud in interstate transport, requires intent to defraud]; United States v. Freeman (5th Cir.1980) 619 F.2d 1112,......
  • Request a trial to view additional results

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