United States v. Ted Dudek A/K/A Ted Landers

560 F.2d 1288, 1977 U.S. App. LEXIS 11970, 2 Fed. R. Serv. 406
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 16, 1977
Docket76-2537
StatusPublished
Cited by41 cases

This text of 560 F.2d 1288 (United States v. Ted Dudek A/K/A Ted Landers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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. Ted Dudek A/K/A Ted Landers, 560 F.2d 1288, 1977 U.S. App. LEXIS 11970, 2 Fed. R. Serv. 406 (6th Cir. 1977).

Opinions

EDWARDS, Circuit Judge.

This is the second appeal in the federal prosecution of appellant on charges of conspiracy to commit and commission of certain federal firearms offenses. In the first appeal by the United States, this court reversed the suppression of evidence which had been ordered by the District Judge. We there held that the admitted failures of police who had executed the searches to timely file inventories and returns as required by Ohio law did not require suppression of the evidence. United States v. Du-dek, 530 F.2d 684 (6th Cir. 1976).

Appellant had originally been charged, along with codefendants Anthony Bruno and Joseph Seidita, in a 16-count indictment. On remand by this court, appellant alone was tried before a jury on four counts of the original indictment in which he was named. Count I charged appellant and his codefendants with conspiracy to commit specified federal firearms offenses, in violation of 18 U.S.C. § 371 (1970). In Count II appellant, along with codefendants Bruno and Seidita, was charged with engaging in the business of dealing in firearms and ammunition without being licensed, in violation of 18 U.S.C. §§ 922(a)(1) and (2X1970). Counts III and V charged appellant with knowingly receiving and possessing firearms, having been a convicted felon, in violation of 18 U.S.C. App. § 1202(a)(1) (1970). Count III pertained to events on or about October 25, 1973, and Count V to events on or about November 3, 1973. After trial appellant was convicted on all counts, except Count V.

[1290]*1290The essence of the indictment as it related to appellant was that together with co-defendants Bruno and Seidita he conspired to and did engage in the business of dealing in firearms in interstate commerce without a license, and did receive and possess firearms, being previously convicted of a felony. The firearms and ammunition in question were stolen in three burglaries committed by three other codefendants, Mylar, Marinelli and McGraw. Seidita, Mylar, Marinelli and McGraw all testified at the trial under grants of immunity concerning the burglaries or the disposition of the guns, ammunition and other goods stolen in the three burglaries.

Two burglaries took place on the night of October 24, 1973. In one, approximately 30 guns were stolen from the home of Robert Cartwright in New Castle, Pennsylvania, and brought back to the house in Youngstown, Ohio, where Mylar lived. In the other, the McFarland Hardware Store in New Wilmington, Pennsylvania, was burglarized of merchandise, including ammunition, which was then stored in Marinelli’s garage in Youngstown, Ohio.

Mylar testified that before these two burglaries he had asked codefendant Bruno if he was interested in buying some guns, and that Bruno told Mylar “to let him know when we got them.” The next day after the burglary appellant, in company with Bruno and Seidita, went to Marinelli’s garage and inspected the merchandise and ammunition therein and then went to Mylar’s house and inspected the approximately 30 guns in his attic. Mylar testified as to that same day:

So I said, “Well, what would you give us for the hardware and the guns together?”

And they come up with a price, I believe it was around—

THE COURT: Who? Who said what? THE WITNESS: Oh.

A. At this time, I believe it was mostly Mr. Bruno talking — speaking.

Q. Was Mr. Dudek there?

A. Yes, sir.
Q. Did he have any discussion with you about this at all?
A. Just general talking about the guns, in general.
Q. Did he have any discussions with Mr. Bruno?
A. They were discussing money.
Q. What happened then?
A. Well, they made me an offer—

MR. GIULIANI: Objection.

THE COURT: The objection shall be sustained.

Who made the offer?

THE WITNESS: I believe Mr. Bruno quoted the price that they were willing to pay for both loads.

MR. GIULIANI: Objection, your Hon- or.

THE COURT: The objection shall be overruled. That answer shall remain.

Q. Do you have a recollection of the price?
A. 3,000, 2,500 or 3,000, something like that.
Q. That would be the price for what?

A. For the guns that I had placed in the attic, and for the hardware at Mari-nelli’s garage.

Q. At the time you negotiated and agreed on the price, who was in the attic?
A. Myself, Joe Seidita, Dudek and Bruno.
Q. Now, what happened then?

A. The four of us, myself, Seidita, Bruno and Dudek carried all the firearms from the attic downstairs and placed them in an automobile.

The burglary trio of Mylar, McGraw and Marinelli stole approximately 60 firearms from the Weaver Sporting Goods Store in Greenville, Pennsylvania, about a week later. These were also taken to Mylar’s house and again appellant and Bruno came to inspect them. Mylar testified:

Q. What did you do next in relation to those guns?
A. I called Anthony Bruno.
Q. Did you have a conversation with him relating to those guns?

[1291]*1291Q. As a result of that conversation, what did you do, if anything?

A. Well, I met them at the garage to show them the guns.
Q. Whom did you meet?
A. Bruno and Dudek.
Q. Who else was there?

A. At this time, possibly Seidita, but I’m not 100 percent sure; I just don’t recall.

Q. Was McGraw there?
A. No. I believe it was just myself, Dudek and Bruno.
Q. Did you have a discussion about the guns and the ammunition?
Q. The scopes and the binoculars?
Q. What was the substance of the conversation?

A. Just that would they be interested in buying them, and, you know, how much would they offer for them.

Q. Was an examination made of the guns?
Q. Who made them?
A. Dudek and Bruno.
Q. Did they have any discussion with each other about the guns?

A. Yes, sir. I had gave them an inventory list that I had made, and they were looking that over.

Q. Did you give them a list of the whole thing, the whole kit and caboodle?
A. Yes, everything that was there in the garage.

Q.

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Bluebook (online)
560 F.2d 1288, 1977 U.S. App. LEXIS 11970, 2 Fed. R. Serv. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ted-dudek-aka-ted-landers-ca6-1977.