United States v. Steven Triplett, United States of America v. Joseph Lee Triplett

104 F.3d 1074
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 7, 1997
Docket96-1370EMSL, 96-1371EMSL and 96-1621EMSL
StatusPublished
Cited by68 cases

This text of 104 F.3d 1074 (United States v. Steven Triplett, United States of America v. Joseph Lee Triplett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Steven Triplett, United States of America v. Joseph Lee Triplett, 104 F.3d 1074 (8th Cir. 1997).

Opinion

BOWMAN, Circuit Judge.

On May 18, 1995, two armed, masked men robbed a United States Post Office in St. Louis. At approximately 4:00 p.m., the men, brandishing weapons, accosted a postal employee on a loading dock and forced their way into the back room of the postal facility. Once inside, the gunmen threatened two other postal employees and compelled them to turn over a large amount of currency, checks, and postal money orders. These money orders were imprinted with serial numbers that were recorded by postal officials and could traced in the event of a theft. During the course of the robbery, a shot was fired by one of the gunmen. The bullet lodged in the wall and later was recovered by police. Once the gunmen were satisfied that there was no additional money on the premises, they forced all three postal employees into an adjoining bathroom, bound two in duct tape, and buried all three 'under a pile of mail bags, boxes, and transportation carts. The gunmen then secured the bathroom door with another pile of boxes and carts, removed the videotape from the surveillance camera, and fled the post office.

Investigation of the robbery led to the arrest and indictmeiit of Steven Triplett and Joseph L. Triplett. Both were charged with armed robbery of a United States Post Office in violation of 18 U.S.C. § 2114(a) (1994) and use of a firearm during the robbery in violation of 18 U.S.C. § 924(e)(1) (1994). In addition, Steven Triplett was charged as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) (1994).

A jury found both Steven and Joseph Triplett guilty on the armed robbery and § 924(c) charges. Steven waived trial by jury on the § 922(g) charge and that part of the case was submitted to the District Court based on the testimony elicited during his trial on the other charges. The District Court found Steven guilty on the § 922(g) charge, and the court entered judgment against both men in accordance with the jury’s and the court’s findings on the various charges. The court sentenced Steven Triplett to 180 months of imprisonment and Joseph Triplett to 360 months of imprisonment. Both men appeal their armed robbery and § 924(c) convictions. Steven does not appeal the § 922(g) conviction, but challenges the District Court’s sentence, the computation of which took this conviction into account. Joseph does not appeal his sentence.

Steven Triplett first challenges the District Court’s admission into evidence testimony by Walter Ivery regarding Ivery’s attempt to cash a number of the stolen postal money orders four days after the post-office rob *1078 bery. Steven contends that this testimony was improperly admitted evidence of “other crimes” under Federal Rule of Evidence 404(b) 1 meant only to sully his character or prove his propensity to commit the charged crimes.

Our review of the evidentiary rulings of a district court is for abuse of discretion, see United States v. Ballew, 40 F.3d 936, 941 (8th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1813, 131 L.Ed.2d 737 (1995); United States v. Whitfield, 31 F.3d 747, 749 (8th Cir.1994), and we “will reverse only when an improper evidentiary ruling affects the substantial rights of the defendant or when we believe that the error has had more than a slight influence on the verdict.” Ballew, 40 F.3d at 941.

Walter Ivery testified that Steven Triplett telephoned him on May 22, 1995, four days after the robbery, and requested his assistance in “moving” some money orders that Steven purportedly acquired from a man who took them from a woman’s purse. Ivery further testified that he met with Steven on May 22, 1995, that Steven handed him an envelope containing the stolen money orders, and that Steven was present when Ivery eventually attempted to cash the stolen money orders at another post office.

Underlying Steven Triplett’s objection to the admission of Ivery’s testimony is his mischaracterization of these statements as evidence of “other crimes, wrongs, or acts” under Rule 404(b). This evidence is more accurately characterized as direct evidence of the crime charged. See Ballew, 40 F.3d at 941; United States v. Jones, 880 F.2d 55, 59 (8th Cir.1989). Contrary to Steven’s assertions, this evidence was not admitted merely to tarnish his reputation or to demonstrate his propensity to commit the charged crimes; it was admitted as direct evidence that he was in possession of the postal money orders that were stolen from the post office only days before. A reasonable inference from such possession was that Steven participated in the robbery of the post office.

The possession of property recently stolen “is ordinarily a circumstance from which a jury may reasonably draw the inference and find, in the light of surrounding circumstances shown by the evidence in the ease, that the person in possession not only knew it was stolen property, but also participated in some way in the theft of the property.” United States v. Nabors, 762 F.2d 642, 653 (8th Cir.1985) (citation to quoted ease omitted); cf. United States v. Clark, 45 F.3d 1247, 1250 (8th Cir.1995) (“possession of recently stolen property is evidence of participation in a theft”). We find no abuse of discretion by the District Court in overruling Steven’s objections to the admission of this evidence.

Steven Triplett advances similar arguments to demonstrate the impropriety of admitting into evidence still photographs prepared of him from a post-office surveillance videotape that was made during Walter Iv-ery’s failed attempt to cash the stolen money orders. Like Ivery’s testimony, these photographs were admitted as relevant evidence of the crimes charged and not as evidence of uncharged crimes nor as evidence intended to disparage Steven’s reputation or merely to illustrate his propensity to commit the charged crimes. Steven’s involvement in the scheme to cash the stolen money orders is relevant and admissible evidence concerning his involvement in the robbery that was executed to procure those money orders. See Clark, 45 F.3d at 1250 (upholding jury instruction that permitted an inference of involvement in robbery from possession of recently stolen property).

In the alternative, Steven Triplett argues that these photographs are cumulative since defense counsel stipulated at trial to Steven’s presence in the post office during Ivery’s attempt to cash the stolen money orders.

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Bluebook (online)
104 F.3d 1074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-steven-triplett-united-states-of-america-v-joseph-lee-ca8-1997.