United States v. Chinnery

68 F. App'x 360
CourtCourt of Appeals for the Third Circuit
DecidedJune 26, 2003
Docket03-1299
StatusUnpublished

This text of 68 F. App'x 360 (United States v. Chinnery) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chinnery, 68 F. App'x 360 (3d Cir. 2003).

Opinion

OPINION

COWEN, Circuit Judge.

Wayne Chinnery was indicted in the District Court of the Virgin Islands on four counts of perjury in violation of 18 U.S.C. § 1623. Following trial to a jury, Chinnery was convicted on ah counts and sentenced to thirty-six months imprisonment. Chinnery appeals raising a host of constitutional, statutory, evidentiary, and procedural challenges to his conviction and sentence. We find no error in the District Court’s rulings and will therefore affirm.

BACKGROUND

This case arises out of Chinnery’s testimony during a trial for civil rights violations and assault. As we write for the parties, we only briefly explain the events leading to this appeal.

In 2000, Chinnery served as the Acting Director of the Narcotics Strike Force, a law enforcement agency of the Government of the Virgin Islands. Chinnery’s *363 post included a street patrol detail in the Savan area of St. Thomas. On the evening of May 21, 2000, Chinnery was involved in an altercation while responding to a report of disorderly behavior and drug possession. As a result of that incident, the United States obtained an indictment charging Chinnery with violating the civil rights of Charese Huggins, possessing a firearm during a crime of violence, and assault.

A jury trial on these charges was conducted in October 2001 (the “Huggins Trial”). Chinnery testified as the only defense witness. At the beginning of his direct examination, Chinnery provided the following description of his educational background:

Q: Did you go to school in St. Thomas?
A: Yes, I did.
Q: Did you go on to college?
A: Yes, I did.
Q: And where did you go to college?
A: I began at the College of the Virgin Islands, which is now the University of the Virgin Islands. And then I went to Ho[f]stra University, and eventually, Ho[f|stra University School of Law.
Q: Did you obtain any degree from Ho[f]stra University?
A: Yes, I obtained a BA and eventually a Jurist Doctrorate [sic ] degree.

Chinnery also testified as to his professional experience:

Q: Mr. Chinnery, what are some of the jobs that you have had?
A: Oh, in the last, in the last fifteen years I served as Director of Labor Relations in the Department of Labor. I worked as an associate in a couple of law firms here in the Virgin Islands. And eventually I worked as the Drag Policy Advisor to the Governor from 1999 until 2000.

Chinnery reiterated these claims on cross-examination:

Q: [S]ir, you said you got a college degree, is that correct? ... A college degree, is that correct? You graduated from Ho[f]stra?
A: Yes, I did.
Q: You got a Jurist Doctorate [sic] degree, which means you are an attorney?
A: Yes, sir.
Q: Is that correct?
A: Yes, sir.
Q: And as an attorney you got training on how to answer and ask questions-didn’t you, sir?
A: Yes, sir.

The jury ultimately found Chinnery not guilty on all counts.

After Chinnery’s acquittal, the government discovered that Chinnery had fabricated much of his background. Contrary to his testimony, Chinnery did not graduate from college, and did not graduate, or even attend, law school. Chinnery did not, therefore, ever practice as an attorney, and never worked as an associate in any law firm. Chinnery was indicted on four counts of perjury in violation of 18 U.S.C. § 1623 based on his erroneous testimony that: 1) he held a Bachelor of Arts degree from Hofstra University; 2) he had attended the Hofstra University School of Law, and received a Juris Doctorate degree; 3) he was an attorney; and 4) he had worked as an associate in several law firms. A two-day jury trial resulted in a judgment of conviction on all four counts. The District Court sentenced Chinnery to thirty-six months imprisonment, three years of supervised release, and a mandatory $400.00 special assessment. Chinnery filed a timely notice of appeal and we have jurisdiction pursuant to 28 U.S.C. § 1291.

*364 DISCUSSION

Chinnery argues that 1) the government’s evidence was insufficient to prove his false statements were material to the issues at the Huggins Trial; 2) the District Court erred in admitting evidence of prior false declarations; 3) the government’s reexamination of a witness improperly introduced expert testimony; 4) the District Court erroneously instructed the jury on the issue of materiality; 5) the District Court improperly permitted a portion of the transcript from the Huggins Trial to be read to the jury; 6) the District Court erred in granting the government’s Batson challenge; and 7) the District Court improperly applied the sentencing guidelines. We discuss each argument in turn.

I.

Chinnery first argues that government’s evidence was insufficient to support a jury finding that his false statements were material to the issues in the Huggins Trial. To prove a violation of 18 U.S.C. § 1623(a), the government was required to show that Chinnery knowingly made a material false declaration during the Huggins Trial. Chinnery did not dispute that he knowingly made the four false statements at issue. Instead, he argued that his false testimony was not material to the issues before the jury.

We have explained that “[o]ur review of the sufficiency of the evidence after a guilty verdict is ‘highly deferential’.” United States v. Hodge, 321 F.3d 429, 439 (3d Cir.2003) (quoting United States v. Hart, 273 F.3d 363, 371 (3d Cir.2001)). “When deciding whether a jury verdict rests on legally sufficient evidence it is not for us to weigh the evidence or to determine the credibility of the witnesses. Rather, we must view the evidence in the light most favorable to the government, and will sustain the verdict if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (citation omitted).

A false statement is material within the meaning of § 1623 if the statement “has a natural tendency to influence, or was capable of influencing, the decision of the tribunal in making a particular determination.” United States v. Barrett,

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Bluebook (online)
68 F. App'x 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chinnery-ca3-2003.