United States v. Young

470 U.S. 1, 105 S. Ct. 1038, 84 L. Ed. 2d 1, 1985 U.S. LEXIS 49, 53 U.S.L.W. 4159
CourtSupreme Court of the United States
DecidedFebruary 20, 1985
Docket83-469
StatusPublished
Cited by4,665 cases

This text of 470 U.S. 1 (United States v. Young) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Young, 470 U.S. 1, 105 S. Ct. 1038, 84 L. Ed. 2d 1, 1985 U.S. LEXIS 49, 53 U.S.L.W. 4159 (1985).

Opinions

Chief Justice Burger

delivered the opinion of the Court.

We granted certiorari to review the reversal of respondent’s conviction because of prosecutorial comments responding to defense counsel’s closing argument impugning the prosecution’s integrity and belief in the Government’s case.

[3]*3Respondent Billy G. Young, as vice president and general manager of the Compton Petroleum Corporation in Abilene, Texas, contracted in 1976 and 1977 to deliver monthly supplies of “sweet” crude oil to the Apeo Oil Corporation refinery in Cyril, Oklahoma. Some 205,000 barrels of oil were delivered under the contract between January and September 1977, but more than half of the oil delivered to Apeo, approximately 117,250 barrels, consisted of fuel oil, an already refined product less valuable than crude oil. Compton’s invoices accompanying those deliveries falsely certified that all of the oil was crude. Apeo relied on those false certifications and reported to the Federal Energy Administration, in compliance with Government regulations, 10 CFR §§211.66, 211.67, and 212.131 (1976), the amount of crude oil it thought it was refining each month. The Federal Energy Administration in turn relied on Apco’s reports to determine the national averages of tier categories of refined oil for purposes of equalizing the cost of crude oil under its entitlement program.

Respondent’s scheme to deceive Apeo by selling it cheaper fuel oil masquerading as “sweet” crude oil was relatively simple. Respondent arranged with an oil brokerage firm, owned by a longtime friend, to procure fuel oil from another source and sell it to Compton under the false certification that it was crude oil. Compton would then pay the brokerage firm 10 cents per barrel commission as a fee for the “re-certification.” Once in Compton’s storage tanks, respondent had the fuel oil disguised as crude oil before delivering it to Apeo by blending condensate, a high gravity liquid taken from the wellheads of natural gas wells, with the fuel oil.1 In September 1977, after an Apeo technician performed a dis[4]*4tillation test on one of Compton’s deliveries, Apeo discovered that it had not been receiving crude oil as required by the contract, but rather a mixture of fuel oil and condensate. This discovery prompted the Federal Bureau of Investigation to launch an investigation which resulted in this prosecution.

On December 1, 1980, respondent and Compton were charged with 11 counts of mail fraud in violation of 18 U. S. C. §1341, three counts of willfully and knowingly making false statements to a Government agency in violation of 18 U. S. C. § 1001, one count of interstate transportation of stolen property in violation of 18 U. S. C. § 2314, and with aiding and abetting in the commission of all 15 counts in violation of 18 U. S. C. § 2. A jury trial was held in the District Court for the Western District of Oklahoma.2 In his own defense, respondent testified that he had knowingly purchased fuel oil and delivered it to Apeo, but he claimed that he thought such fuel oil could legitimately be certified as crude oil. He also believed that if condensate were blended with fuel oil, the result would be the equivalent of crude oil. Because Apeo had not complained about the deliveries before September 1977, respondent thought that Apeo was satisfied with the quality of oil he was supplying.

At the close of the case, the prosecutor summarized the evidence against respondent. Defense counsel began his own summation by arguing that the case against respondent “has been presented unfairly by the prosecution,” and that '“[f]rom the beginning” to “this very moment the [prosecution’s] statements have been made to poison your minds unfairly.” Tr. 542. He intimated that the prosecution deliberately withheld exculpatory evidence, and proceeded to charge the prosecution with “reprehensible” conduct in purportedly attempting to cast a false light on respondent’s activities. Defense counsel also pointed directly at the prosecutor’s table and stated: “I submit to you that there’s not a person in this [5]*5courtroom including those sitting at this table who think that Billy Young intended to defraud Apeo.” Id., at 543-544. Finally, defense counsel stated that respondent had been “the only one in this whole affair that has acted with honor and with integrity” and that “[t]hese complex [Department of Energy] regulations should not have any place in an effort to put someone away.” Id., at 547.

The prosecutor did not object to defense counsel’s summation, but in rebuttal argument he responded to defense counsel’s claim that the Government did not believe in its own case:

“I think [defense counsel] said that not anyone sitting at this table thinks that Mr. Young intended to defraud Apeo. Well, I was sitting there and I think he was. I think he got 85 cents a barrel for every one of those 117,250.91 barrels he hauled and every bit of the money they made on that he got one percent of. So, I think he did. If we are allowed to give our personal impressions since it was asked of me.” Id., at 549. (Emphasis added.)

Continuing with a review of portions of the evidence against respondent, the prosecutor responded to defense counsel’s statement that Apeo was not defrauded:

“I don’t know what you call that, I call it fraud.
“You can look at the evidence and you can remember the testimony, you remember what [the witnesses] said and what [respondent] admitted they said. I think it’s a fraud.” 7d.,at 550.

Finally, the prosecutor addressed defense counsel’s claim that respondent had acted with honor and integrity. The prosecutor briefly recapped some of respondent’s conduct and stated:

“I don’t know whether you call it honor and integrity, I don’t call it that, [defense counsel] does. If you feel you should acquit him for that it’s your pleasure. I don’t [6]*6think you’re doing your job as jurors in finding facts as opposed to the law that this Judge is going to instruct you, you think that’s honor and integrity then stand up here in Oklahoma courtroom and say that’s honor and integrity; I don’t believe it.” Id., at 552.

In turn, defense counsel did not object to the prosecutor’s statements. Nor did he request any curative instructions and none were given.

The jury returned a verdict of guilty as to each of the mail fraud and false statement counts. Respondent was acquitted of interstate transportation of stolen property. Respondent was sentenced to two years’ imprisonment on each count, to be served concurrently, and was fined $39,000.

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Bluebook (online)
470 U.S. 1, 105 S. Ct. 1038, 84 L. Ed. 2d 1, 1985 U.S. LEXIS 49, 53 U.S.L.W. 4159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-young-scotus-1985.