Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

UNITED STATES OF AMERICA v. JOHN A. GREELEY, APPELLANT IN No. 72-1376, AND RONALD F. GREELEY. APPEAL OF RONALD F. GREELEY, IN No. 72-1377.

OPINION OF THE COURT

PER CURIAM:

These appeals are from judgments of conviction entered by the District Court pursuant to jury verdicts finding the defendant-appellants guilty of possession of stolen goods, moving in interstate commerce, knowing them to have been stolen, in violation of 18 U.S.C.A. § 659.

On these appeals the appellants contend that the jury's verdicts were against the weight of the evidence and that acquittals should be directed. They also challenge as prejudicial error several of the trial judge's rulings on the admission of evidence and his instructions to the jury.

On review of the record we are of the opinion that the evidence adduced at the trial amply supported the jury's guilty verdicts and that the appellants' challenges to the trial judge's evidentiary rulings and charge fail to demonstrate prejudicial error.

The defendant-appellant Ronald Greeley's challenge to the trial judge's denial of his request for inspection of certain F.B.I. interview reports is without basis. The reports do not contain Jencks Act (18 U.S.C.A. § 3500), or exculpatory (Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963)), material.

We do not subscribe to the contention of the appellant John Greeley that the trial judge abused his discretion in permitting the Government to cross-examine him, for impeachment purposes, with respect to his June 16, 1960 robbery conviction which resulted in his imprisonment until 1965. The contention is premised on two grounds: (1) remoteness of the conviction; and (2) its alleged prejudicial effect.

We need only say as to this contention, that we recently re-affirmed the rule in this Circuit that subject to certain limitations, inapplicable here, a felony conviction may be adduced to impeach the credibility of a witness. United States v. Gray, 468 F.2d 257 (decided October 3, 1972). Further, we have specifically held that a trial judge did not abuse his discretion in admitting, for impeachment purposes, evidence of a 10-year-old felony conviction of a witness. Wounick v. Hysmith, 423 F.2d 873 (1970).

The Rules of Evidence for United States Courts and Magistrates, promulgated by the Supreme Court of the United States on November 20, 1972, to take effect on July 1, 1973, provide as follows:

For the reasons stated the judgments of conviction will be affirmed.

Use AI to get other relevant cases.

Comments

UNITED STATES v. GREELEY
(Dec 14, 1972)