United States v. William J. Ashford

924 F.2d 1416, 1991 U.S. App. LEXIS 2390, 1991 WL 17046
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 15, 1991
Docket90-1425
StatusPublished
Cited by48 cases

This text of 924 F.2d 1416 (United States v. William J. Ashford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. William J. Ashford, 924 F.2d 1416, 1991 U.S. App. LEXIS 2390, 1991 WL 17046 (7th Cir. 1991).

Opinions

FLAUM, Circuit Judge.

Defendant William Ashford was convicted of conspiring to possess, possessing, and selling treasury checks stolen from the mail. Ashford appeals these convictions, alleging that he was deprived of his constitutional right to a speedy trial, that the government failed to disclose key information concerning alleged informants, that the government failed to prove beyond a reasonable doubt an element of the crime of possessing items stolen from the mail, and that the prosecution during closing argument impermissibly adverted to Ash-ford’s exercise of his constitutional right not to present a defense. We find Ash-ford’s challenges to be without merit and affirm the convictions.

I. FACTS AND PRIOR PROCEEDINGS

Each Spring, millions of Americans who have overpaid their federal income taxes eagerly await refund checks from the government. In the Spring of 1984, some of these checks never arrived. In early April of that year, James Austin telephoned a person he had been told was interested in purchasing a $1,400 treasury check Austin had obtained. Unfortunately for Austin, the person he spoke with was Special Agent Loren Procter, a member of the treasury check forgery squad, a group of undercover Secret Service agents based in Chicago. The two men arranged a meeting, and while discussing how much Procter would pay for the stolen check, Austin told Procter that he had a friend who worked for the post office and could supply over $100,000 in treasury checks on a regular basis.

Austin and Procter met again on May 7, 1984, at which time Austin gave Procter some Illinois tax refund checks. A second meeting arranged for later that day fell through, but Austin called Procter the next morning to tell him that another of his sources at the post office was in possession of $18,000 in treasury checks he was eager to sell. Again a meeting was arranged and again the meeting fell through, this time, Austin told Procter, because his source was stuck in traffic on the way from Chicago’s western suburbs. Procter, professing to be annoyed by the delays, told Austin not to call again until he had the checks in hand.

On the morning of May 10, Austin contacted Procter and arranged another rendezvous to take place that afternoon at Orly’s, a restaurant located at the corner of Dearborn and Harrison in Chicago’s South Loop. During the meeting, Procter asked Austin the identity of Austin’s source for the stolen treasury checks, and Austin responded by pointing to a pair of men seated in a car parked outside the restaurant. A few minutes later, Austin handed Procter a sheaf of treasury checks and Procter handed Austin $7,000 in cash. Austin was arrested moments later, along with the two men in the car, Willie Russell and the defendant in this case, William Ashford.

The forty-two tax refund checks Procter purchased in the restaurant that day were numbered sequentially, dated May 4, 1984, and addressed to taxpayers living in a single ZIP code on Chicago’s South Side. The checks were wrapped in a piece of notebook paper with writing on it reflecting a tally of the face amount of the checks, adding up to $18,872. Found on Austin’s person was a slip of paper bearing the names “Willie,” “Jimmie,” and “Skeet,” the last being Ashford’s nickname, as well as three telephone numbers corresponding to these individuals. Also written on the paper were the figures “$19,000” and “Vs.” At the time he was arrested, Ashford was employed as a mail handler at a postal facility in River Grove, Illinois, a western suburb of Chicago. His fingerprints were found on the tally sheet in Austin’s possession and his palm print was found on one of the checks Austin sold to Procter.

Though Ashford was charged in a criminal complaint filed the day after his arrest, May 11, 1984, that complaint was dismissed on the government’s motion a month later. It took four more years for Ashford’s case to make its way from his arrest at Orly’s [1419]*1419Restaurant three blocks north on Dearborn Street to the federal building, where Ash-ford and Austin were indicted on June 16, 1988. The indictment was in four counts, the first relating only to Austin’s sale of state tax refund checks to Agent Procter, the remainder to the possession and sale of federal refund checks by Ashford and Austin. Count 2 charged Austin and Ashford with conspiring to unlawfully possess stolen mail in violation of 18 U.S.C. § 1708 and stolen treasury checks in violation of 18 U.S.C. § 510(b). Count 3 charged Austin and Ashford with possession of stolen mail in violation of 18 U.S.C. § 1708. Count 4 related to the distribution of the stolen checks to Procter, a violation of 18 U.S.C. § 510(b). Ashford was tried alone, chose not to present a defense, and after a four-day jury trial in December 1989, was convicted on all three counts. He was later sentenced to a six month term in a work-release program and five years of probation.

II. PRE- AND POSTINDICTMENT DELAY

As might be expected, the first ground Ashford raises on appeal concerns the five and one-half years that elapsed between arrest and trial in this case. Ashford asserts that this delay prejudiced him because government records of the investigation of Austin that he sought to use at trial to support an entrapment defense were lost or destroyed with the passage of time. He also asserts that the delay impaired the recollection of government witnesses regarding the investigation that led to his arrest and the role persons whom Ashford sought to prove were informants had played in that investigation. The government counters that Ashford was provided with adequate evidence concerning the role (or lack thereof) that the various people he suspects were informants played in the investigation, and that none of the information Ashford sought would have supported an entrapment defense had Ashford chosen to present one. The district court concluded that the delay in bringing Ashford to trial did not amount to a constitutional violation and denied Ashford’s pretrial motion to dismiss. We believe this ruling was correct.

The Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy ... trial_” U.S. Const. Amend. VI. However, not all delay between arrest and trial implicates the Sixth Amendment. As the Supreme Court explained in United States v. MacDonald, “no Sixth Amendment right to a speedy trial arises until charges are pending.” 456 U.S. 1, 7, 102 S.Ct. 1497, 1501, 71 L.Ed.2d 696 (1982); see also United States v. Marion, 404 U.S. 307, 313 (1971) (“On its face, the protection of the Amendment is activated only when a criminal prosecution has begun_”). In this case, while Ashford’s speedy trial right originally attached upon his arrest on May 10, 1984, see Dillingham v. United States, 423 U.S. 64, 65, 96 S.Ct. 303, 303-04, 46 L.Ed.2d 205 (1975) (per curiam),

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Bluebook (online)
924 F.2d 1416, 1991 U.S. App. LEXIS 2390, 1991 WL 17046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-j-ashford-ca7-1991.