United States v. MacDonald Julius Jackson

882 F.2d 1444, 28 Fed. R. Serv. 905, 1989 U.S. App. LEXIS 12153, 1989 WL 90889
CourtCourt of Appeals for the Ninth Circuit
DecidedAugust 16, 1989
Docket87-5010
StatusPublished
Cited by72 cases

This text of 882 F.2d 1444 (United States v. MacDonald Julius Jackson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. MacDonald Julius Jackson, 882 F.2d 1444, 28 Fed. R. Serv. 905, 1989 U.S. App. LEXIS 12153, 1989 WL 90889 (9th Cir. 1989).

Opinions

SNEED, Circuit Judge:

Jackson appeals his convictions in connection with a scheme to receive fraudulent tax refunds. He argues that the trial court committed prejudicial error in admitting and excluding certain evidence. We affirm.

I.

FACTS AND PROCEEDINGS BELOW

Jackson was convicted of one count of conspiracy, ten counts of making fraudulent claims, and ten counts of mail fraud. See 18 U.S.C. §§ 287, 1341 (1982 & Supp. IY 1986).

Jackson, along with codefendant John Speidel, devised a scheme to submit to the IRS 101 tax returns on behalf of fictitious taxpayers in order to receive refunds. Speidel pleaded guilty and agreed to cooperate with the government. He testified that he and Jackson agreed that Speidel would prepare false returns and W-2 forms. These fictitious taxpayers’ addresses would be listed at a commercial post office box. Speidel testified that Jackson agreed to rent the post office box, collect the tax refund checks, and cash them. Speidel also testified that Jackson called him and furnished a post office box number.

Henderson, an acquaintance of both men and an unindicted coconspirator cooperating with the government, testified that he and Jackson rented the post office box. He testified that he checked the box periodically but that he only received one letter and it was from the IRS. He also testified that Jackson told him about the fraudulent scheme. Henderson was arrested after checking the box on one occasion and agreed to cooperate with the government by having his phone calls with Jackson recorded. During these recorded conversa[1446]*1446tions, Jackson was evasive and denied knowing Speidel.

Laura Speidel, the daughter of John Spei-del, testified that Jackson called her father and left a four-digit number that was for a “p.o. box.” She also testified about her participation in this scheme. The trial court, however, prohibited Jackson’s counsel from cross-examining her about her participation in other fraudulent transactions with her father.

Jackson took the stand and testified on his own behalf. He denied any participation in or knowledge of the scheme. On cross-examination, the government impeached Jackson, a disbarred attorney, by showing that he had been disciplined for misappropriating a client’s funds fourteen years ago.

After his conviction, Jackson was sentenced to two years imprisonment on all counts but the sentence was suspended as to all but the first count. The suspended sentence is to be served at the conclusion of the term of imprisonment.

II.

JURISDICTION

The district court had jurisdiction under 18 U.S.C. § 3231 (1982). This court can review the defendant’s conviction under 28 U.S.C. § 1291 (1982).

III.

STANDARD OF REVIEW

The district court’s determination of the scope of cross-examination is reviewed for abuse of discretion. United States v. Kennedy, 714 F.2d 968, 973 (9th Cir.1983), cert. denied, 465 U.S. 1034, 104 S.Ct. 1305, 79 L.Ed.2d 704 (1984). The same standard governs our review of the district court’s admission of evidence. See United States v. Burreson, 643 F.2d 1344, 1349 (9th Cir.), cert. denied, 454 U.S. 830, 102 S.Ct. 125, 70 L.Ed.2d 106 (1981).

IV.

ANALYSIS

A. Laura Speidel’s Cross-examination

The trial court may permit a party to cross-examine a witness about specific instances of misconduct if they are probative of truthfulness or untruthfulness. See Fed.R.Evid. 608(b). Jackson argues that the district court abused its discretion in prohibiting his cross-examination of Laura Speidel about her participation in other fraudulent schemes with her father. She did testify, however, that she had helped Jackson prepare false financial reports. The error was particularly harmful, Jackson argues, because this case turned on the credibility of the witnesses for each side. See United States v. Ray, 731 F.2d 1361, 1364 (9th Cir.1984) (if the government’s case rests on the credibility of a witness, the defendant must be accorded broad latitude in cross-examination).

Jackson correctly points out that evidence of a witness’ participation in fraudulent transactions is probative of truthfulness. See, e.g., United States v. Sperling, 726 F.2d 69, 74-75 (2d Cir.) (false credit card applications), cert. denied, 467 U.S. 1243, 104 S.Ct. 3516, 82 L.Ed.2d 824 (1984); United States v. Carlin, 698 F.2d 1133, 1137 (11th Cir.) (false license applications), cert. denied, 461 U.S. 958, 103 S.Ct. 2431, 77 L.Ed.2d 1317 (1983); United States v. Reid, 634 F.2d 469, 473-74 (9th Cir.1980) (prior false statements), cert. denied, 454 U.S. 829, 102 S.Ct. 123, 70 L.Ed.2d 105 (1981).

In addition, there are three cases in which a defendant’s conviction has been reversed based on the trial court’s failure to allow inquiry into prior acts of misconduct. In Ray, on which Jackson relies, the district court refused to permit defense counsel to inquire whether the government’s main witness continued to sell cocaine after his arrest. See 731 F.2d at 1363-64. The court held that this was error because this witness could provide the only testimony which linked the defendant to the conspiracy to distribute cocaine. Id. at 1364. Similarly, in United States v. [1447]*1447Calle, 822 F.2d 1016, 1020-21 (11th Cir.1987), the Eleventh Circuit held that the district court erred in refusing to allow a rebuttal witness to testify that the government’s “star” witness was a major drug-trafficker and not the “small-time drug user” as he was portrayed.' In concluding that the error was prejudicial, the court noted that this witness provided the only first-hand evidence to link the defendant to the drug conspiracy. Id. at 1021. Finally, in United States v. Leake, 642 F.2d 715 (4th Cir.1981), the district court refused to permit the defendant to cross-examine a government witness about allegations that he obtained money under false pretenses, defrauded an innkeeper, wrote six insufficient checks, and had a number of default judgments entered against him. Id. at 719. Because this witness was crucial to the government’s case, the Fourth Circuit reversed Leake’s conviction. Id. But see United States v. Vinson, 606 F.2d 149

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Bluebook (online)
882 F.2d 1444, 28 Fed. R. Serv. 905, 1989 U.S. App. LEXIS 12153, 1989 WL 90889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-macdonald-julius-jackson-ca9-1989.