United States v. Crocker

788 F.2d 802 (5th Cir. 1986)

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Nature of the Case

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Facts

This particular conspiracy consisted of cashing counterfeit checks in various banks in the New England area from on or about January 1984 to May 3, 1984. D would obtain counterfeit blank checks from his brother, Charles, an indicted co-conspirator. and brother of the defendant. Charles had obtained these checks seven or eight years before. Some were stolen while others were printed. The printed ones had the names of various corporations and were filled out by D and other conspirators with false signatures and printed amounts. D drove a co-conspirator to the banks where the checks would be cashed and the proceeds split equally. At trial on redirect examination of co-conspirator Gaeta, evidence related to Gaeta’s and D’s arrest in 1977 for uttering counterfeit checks was sought to be entered. P argued that this evidence was necessary since D had questioned Gaeta as to prior counterfeit check cashing activities but had limited his inquiry to those between Gaeta and D's brother. The court admitted it and D was found guilty and appealed.