United States v. Skelton

514 F.3d 433, 75 Fed. R. Serv. 632, 2008 U.S. App. LEXIS 1041
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 17, 2008
Docket06-51528
StatusPublished
Cited by88 cases

This text of 514 F.3d 433 (United States v. Skelton) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. Skelton, 514 F.3d 433, 75 Fed. R. Serv. 632, 2008 U.S. App. LEXIS 1041 (5th Cir. 2008).

Opinion

DENNIS, Circuit Judge:

The primary issue in this criminal case is whether the district court’s limitations on cross-examination violated the defendant’s Sixth Amendment confrontation right and right to present a complete defense. After careful review of the district court’s evidentiary rulings, we affirm the defendant’s conviction.

I. BACKGROUND

John C. Skelton, Defendant, was indicted on one count for violating 18 U.S.C. § 875(b). 1 According to the trial testimo *436 ny, sometime prior to February 24, 2006, Skelton called Terry Jacobs and had a short conversation regarding Slim Gabrel. Skelton hung up the phone because of a poor connection. On February 24, 2006, Skelton again called Jacobs. Skelton confirmed that he had called before and stated that “Slim Gabrel wants his money. He said you [Jacobs] stole your partner’s money and didn’t pay his life insurance. And Slim is going to get a percentage of that, what you stole.” Jacobs stated that he did not steal anything and that he did not even know a Slim Gabrel. Skelton responded that he had seen the books, that Jacobs had indeed stolen money, and that although Slim Gabrel used to be a sheriff, he was now head of the West Texas Mafia. Jacobs stated that he did not know what Skelton was talking about to which Skelton responded that if he did not get the money, Jacobs would be murdered. Skelton explained that he had connections with the Ector County and Midland County Sheriffs Offices and that “[t]he way it’s going to happen is, you’re going to get stopped by a county patrol unit ... and they’re going to arrest you, put handcuffs on you, put you in the back seat, take you out in the country and shoot you in the head.” Skelton also stated that “Slim wanted ... me to go ahead and just kill you and collect the money from your wife ... I don’t think I’ll do that ... I’ll just collect it from you, but I think it would be easier to collect it from your wife.” Skelton instructed Jacobs to obtain two cashiers checks, one for $250,000 and the other for $50,000. The conversation ended with Skelton telling Jacobs that he would be in touch.

During the conversation, Jacobs was sitting next to his coworker, Victor Lujan, in an office building in Midland, Texas — Skel-ton made the call from Arkansas. Lujan testified that during the conversation, Jacobs suddenly started shaking, his breathing patterns changed, and he became very nervous. At some point, Jacobs handed the phone to Lujan, who testified that he heard the caller state that if Jacobs “didn’t pay the money a city cop was actually going to pull him over [and] was going to handcuff him and shoot him.”

On February 27 or 28, 2006, Jacobs spoke with Special Agent Dina Morales, who filled out a complaint reflecting that Jacobs had received a threatening phone call. She referred the case over to Texas Ranger Jess Malone. Malone and Morales ascertained the identity of the caller to be Skelton through phone records. 2 They met with Jacobs on March 3, 2006 and advised him to obtain a recording device in the event that Skelton called again. They also asked Jacobs if he suspected a motive for the calls. Jacobs explained that he had once worked for a company called Jolt Corporation (“Jolt”), which was formed in the early 1990’s to purchase two companies, Hardrock (d/b/a MidTexas Construction) and Midwest Equipment. Jacobs was vice-president of Jolt, which eventually dissolved in 1999. He denied stealing money from the company but indicated that Jolt had failed to make payments on a life insurance policy on one of its co-owners, Don Towery, who died in 1999. 3 He believed that these were the events referred to by Skelton during their phone conversation.

*437 On March 10, 2006, Skelton again called Jacobs and demanded he pay back the life insurance money. When Jacobs informed him that he did not have that kind of money, Skelton responded that there would be trouble. Skelton also stated, “And you’re either gonna give that money back or I’m gonna deal with your ass, boy.” During the call, Skelton indicated that he was aware that Jacobs maintained a double set of books, that he had stolen the insurance premiums when Towery was dying of cancer, and that he would “call the income tax people showing you [Jacobs] stole the federal FICA.” At that point, Jacobs hung up the phone, indicating on his recording device that he was nervous. During the next few weeks, Jacobs called Skelton — at the urging of Morales and Malone — in an attempt to get Skelton to threaten him again. However, Skelton made no farther threats. He did at one point explain that he never wanted the money for himself; he only wanted Skelton to repay the previous co-owners of Jolt.

At trial, the district court did not permit defense counsel to ask Jacobs on cross-examination if he was only testifying to win favor with the Government in the event that the IRS investigates Jolt’s financial books. The district court also denied Skelton’s request to present extrinsic evidence that Jacobs was lying about stealing money from Jolt. However, the district court did allow some cross-examination regarding Jacobs prior dealings with Jolt. To that end, Jacobs testified that Towery’s life insurance policy had lapsed because Jolt did not pay the premiums. He also testified that one of the companies owned by Jolt suffered a financial decline because Joe Moscarro, another co-owner, stole money from the company. 4 Defense counsel also asked Jacobs, “Isn’t it a fact that you hung up within a second of [Skel-ton] mentioning the federal FICA so that the agents that were going to hear this tape wouldn’t learn about that?” Jacobs responded, “No.” He also denied that the “reason that [he] sounded more nervous at that time is because of this reference to FICA.”

After the Government rested, Skelton moved for judgment of acquittal. The district court denied the motion. Skelton then called eight witnesses — Shane Tow-ery, Mary Ann Stephens, Sharon Miller, Tina Kennedy, Mildred Lipham, Johnny Oldham, Beverly Brock, and Lance Hall— all of whom either worked for or were somehow associated with companies owned by Jolt. Each testified that Jacobs was not a truthful person and had the reputation for being untruthful. The district court did not permit these witnesses to testify about the allegations that Jacobs stole funds from Jolt and lied to the IRS.

During a break in the testimony, the parties presented arguments regarding the admissibility of rebuttal character testimony regarding Jacobs. Skelton maintained that he was entitled to ask the Government’s rebuttal character witnesses “did you know” or “have you heard” questions involving specific alleged acts of dishonesty. The district court agreed that Skelton was entitled to ask such questions as: “Did you know Lance Hall, who was the brother-in-law of Shane Towery and the son-in-law of Mr. Towery, had an opinion that he thinks [Jacobs] wasn’t truthful,” but that Skelton was not entitled to pose such questions as: “Do you know or have you heard that Sharon Miller, who worked for Mr. Jacobs, showed Shane Towery a *438

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Cite This Page — Counsel Stack

Bluebook (online)
514 F.3d 433, 75 Fed. R. Serv. 632, 2008 U.S. App. LEXIS 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-skelton-ca5-2008.