UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOHN RODNEY CARD, DEFENDANT-APPELLANT
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The court held that the defendant's conviction for mail fraud should be affirmed as his contentions regarding witness disclosure, speedy trial, prejudice from dismissal, and prosecutorial negligence were without merit.
The defendant was convicted of mail fraud. He appealed, arguing the government failed to disclose witnesses, denied him a speedy trial, and that he lo…
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PER CURIAM:
The defendant-appellant, John Rodney Card, appeals from his conviction on three counts of mail fraud in violation of 18 U.S.C. § 1341. We affirm.
Card’s first contention is that his conviction should be reversed because the Government allegedly failed to disclose the names of its witnesses prior to trial. It is well established that in noncapital cases the Government is under no obligation to disclose the names of witnesses. United States v. Persico, 2 Cir. 1970, 425 F. 2d 1375, cert. denied, 400 U.S. 869, 91 S.Ct. 102, 27 L.Ed.2d 108. In the present case, however, the court in its discretion issued an order requiring disclosure, and the Government subsequently revealed the names of twenty prospective witnesses. Since there was no showing that the witnesses testifying for the Government were not among those whose names had been disclosed, we conclude that the contention is without merit.
Card’s second contention is that he was denied a speedy trial. The record indicates that he was tried within six months of the indictment. He was at liberty on bond during this period and made no demand for a trial. Furthermore, the defendant has not shown that he was prejudiced by the delay. We must conclude, therefore, that the appellant has made no showing that he was denied his right to a speedy trial. United States v. Dyson, 5 Cir. 1972, 469 F. 2d 735; Barker v. Wingo, 1972, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101.
The appellant also contends that he was prejudiced by the dismissal of the original complaint against him because he subsequently threw away or lost certain records that would have been beneficial to the defense. There is no indication, however, what these records were or that the Government ever suggested to him that his prosecution had been abandoned or that he could safely destroy any documents. Thus, there is no basis for holding that the Government should have been es-topped from further prosecution.
The appellant’s final contention is that the trial court erred in refusing to permit him to inquire into the prosecuting attorney’s alleged negligence in dismissing the original complaint against the appellant. The appellant, however, failed to show the relevancy of this issue, and the trial court properly excluded it as a collateral matter. The decision of the trial court must be affirmed.
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Citator
Cited By
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United States v. Pitts, 569 F.2d 343 (5th Cir. 1978)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972)
- United States v. Carmine Persico, 425 F.2d 1375 (2d Cir. 1970)
- McIntosh v. United States, 400 U.S. 869 (U.S. 1970)
- United States v. Waterman, 400 U.S. 869 (U.S. 1970)
- United States v. Dyson, 469 F.2d 735 (5th Cir. 1972)