United States v. Trice
| Decision Date | 17 June 1969 |
| Docket Number | No. 18934.,18934. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Mance E. TRICE, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
J. William Rutherford, Nashville, Tenn., for appellant.
Martha C. Daughtrey, Nashville, Tenn., Gilbert S. Merritt, Jr., U.S. Atty., Kent Sandidge, III, Asst. U.S. Atty., Nashville, Tenn., on brief, for appellee.
Before PHILLIPS, McCREE and COMBS, Circuit Judges
This is a direct appeal from a conviction on two counts of an indictment charging unlawful possession of a check stolen from the United States mail and embezzlement of the proceeds of the check, in violation of 18 U.S.C. §§ 1702 and 1708. The jury found the defendant not guilty of the first count charging the taking of the envelope and its contents from the mail.
Two issues are presented on the appeal: (1) whether there was sufficient evidence to support the verdict of the jury; and (2) whether the District Judge committed reversible error at the time of sentencing by refusing to permit counsel for defendant to inspect a memorandum prepared by counsel for co-defendant and delivered by him to the probation officer. The United States Attorney stated that an "unusual circumstance" had come to his attention in that the probation officer had a report from the co-defendant's counsel, who was in the courtroom. The United States Attorney commented that "I think it is apropos on the matter of sentencing. * * *" Thereupon he handed the report or memorandum to the District Judge, who read it and commented that "I'm going to give him exactly the same sentence I was going to give him before I read this because this is not controlling on the sentence matter." The attorney for appellant asserted that he had a right to see the report, but this request was denied. The District Court proceeded to sentence defendant to the custody of the Attorney General for a period of one year and six months on the second and third counts of the indictment, the sentences to run concurrently.
The refusal of the District Court to apprise defendant of the nature or content of the document was one of the grounds of defendant's motion for a new trial. This motion was overruled.
Upon a study of the briefs and transcript and after hearing oral argument, we conclude that there is sufficient evidence in the record to support the conviction. The second question, concerning the refusal to inform counsel for defendant of the nature and content...
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United States v. Rosner
...described.25 We commend the District Judge for disclosing the United States Attorney's report to defense counsel, see United States v. Trice, 412 F.2d 209 (6 Cir. 1969); United States v. Solomon, 422 F.2d 1110 (7 Cir.), cert. denied, 399 U.S. 911, 90 S.Ct. 2201, 26 L.Ed.2d 565, reh. denied,......
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Dennis v. United States
...and the sentence is not invalid on this account. See United States v. DeVore, 423 F.2d 1069, 1075 (4th Cir.) 1970; United States v. Trice, 412 F.2d 209, 210 (6th Cir.) Accordingly, the Motion Pursuant to Title 28 U.S.C. § 2255 to vacate the judgment and sentence of this court in case No. CR......
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United States v. Green, 72-1839
...and the sentence is not invalid on this account. See United States v. DeVore, 423 F.2d 1069, 1075 (4th Cir. 1970); United States v. Trice, 412 F.2d 209, 210 (6th Cir. 1969). Finally, appellant maintains that the report furnished by the Medical Center at Springifeld, Missouri, of the examina......
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Johnson v. United States, 72-1702.
...States v. DeVore, 423 F.2d 1069 (4th Cir. 1970), cert. denied, 402 U.S. 950, 91 S.Ct. 1604, 29 L.Ed.2d 119 (1971); United States v. Trice, 412 F.2d 209 (10th Cir. 1969). We have examined United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), and the position we now take......