United States v. Pedro M. Martinez

481 F.2d 896

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 6, 1973
• Docket: 71-1673
• Status: Published

Opinions

ON PETITION FOR REHEARING (Opinion Sept. 11, 1972, 5 Cir. 1972, 466 F.2d 679).

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Pedro M. Martinez asserts in his Petition that this Court was in error in finding that Teresa’s testimony was introduced by the Government for the sole purpose of showing intent and knowledge on the part of Berman and that the testimony was thus limited by the Court,

The record demonstrates that the District Court did so instruct the jury:

“[S]ince the other defendants were not present and had no participation in those conversations, are admitted against Mr. Berman alone and they are not to be considered by you as evidence against either of the other two defendants, Mr. Martinez and Mr. Walters.”

Since the District Court limited the use of Teresa’s testimony to the case against Berman, it is a matter of no concern to Martinez.

Barnes v. United States, 412 U.S. 837, 93 S.Ct. 2357, 37 L.Ed.2d 380 [1973], has now resolved against the appellant the argument for rehearing based on United States v. Cameron, 460 F.2d 1394 (5th Cir. 1972).

It is ordered that the petition for rehearing filed on behalf of Pedro M. Martinez in the above entitled and numbered cause be and the same hereby is denied.