At page 1282 “an error that might be prejudicial in a close case does not require reversal when evidence of the defendant's guilt is strong.”9 citing cases
- United States v. James C. Gordon, 780 F.2d 1165 (5th Cir. 1986).United States v. Evans, 572 F.2d 455 , 485 n. 40 (5th Cir.1978), cert. denied, 439 U.S. 870 , 99 S.Ct. 200 , 58 L.Ed.2d 182 (1978); United States v. Roland, 449 F.2d 1281, 1282 (5th Cir.1971); See also United States v. Merida, 765 F.2d 120…
- United States v. George Escamilla, 666 F.2d 126 (5th Cir. 1982).See United States v. Rojas, supra; United States v. Bryant, 490 F.2d 1372, 1378-79 (5th Cir.), cert. denied, 419 U.S. 832 , 95 S.Ct. 57 , 42 L.Ed.2d 58 (1974); United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971).
- United States v. Victor Ernesto Bosch, United States of Am. v. Victor Correa Gomez, 584 F.2d 1113 (1st Cir. 1978).Where there is overwhelming evidence of guilt . . . erroneous evidentiary rulings on such collateral *1118 matters are often harmless.” United States v. Corey, 566 F.2d 429, 432 (2d Cir. 1977); accord, United States v. Klein, 546 F.2d 1259…
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, & Charles Edward Gent, Jr., 572 F.2d 455 (5th Cir. 1978).United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971); Driver v. United States, supra. Cf. United States v. Bell, 535 F.2d 886 (5th Cir. 1976). 41 .
- United States v. Andrew Anthony Manetta, 551 F.2d 1352 (5th Cir. 1977). See Kotteakos v. United States, 328 U.S. 750, 764-65 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946); United States v. Jennings, 527 F.2d 862, 868 (5th Cir. 1976); United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971); United States v. Lipsc…
- United States v. Gerald Rojas, Sr., 537 F.2d 216 (5th Cir. 1976).“An error that might be prejudicial in a close case does not require reversal when evidence of the defendant’s guilt is strong.” United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971).
- United States v. Bastone, 526 F.2d 971 (7th Cir. 1975).United States v. Fonseca, 490 F.2d 464, 469 (5th Cir.), cert. denied, 419 U.S. 1072 , 95 S.Ct. 660 , 42 L.Ed.2d 668 (1974); United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971); United States v. Panczko, supra. One final contention…
- United States of Am., Plaintiff-(Appellee) v. Kenneth Larry Williams, Defendant-(Appellant), 455 F.2d 361 (9th Cir. 1972).As stated by the Court of Appeals, 5th Circuit, in United States v. Roland, 449 F.2d 1281, 1282 (1971): “An error that might be prejudicial in a close case does not require reversal when evidence of the defendant’s guilt is strong.
- United States v. Jack F. Garber, 471 F.2d 212 (5th Cir. 1972). See United States v. Roland, 449 F.2d 1281, 1282 (5th Cir. 1971)
Other citing cases
- United States v. Andrew B. Bloom, 538 F.2d 704 (5th Cir. 1976).
- United States v. Johnny Paul Washam A/K/A Tommy Nelson, 529 F.2d 402 (5th Cir. 1976).
- United States v. Robert Shelran Hamilton, Edward Donald Hamilton, & Clarence Brantley, 492 F.2d 1110 (5th Cir. 1974).
- United States v. Jay Herrera, 455 F.2d 157 (5th Cir. 1972).
- United States v. Robert Joseph Vosper, 493 F.2d 433 (5th Cir. 1974).
v.
William Jimmy ROLAND, Defendant-Appellant
Roland appeals from a conviction for violating 26 U.S.C.A. §§ 5601(a) (4), 5601(a) (1) and 5604(a) (l). [1] He maintains that the trial court erred in admitting evidence of his character and reputation. We affirm.
On several occasions over a three week period Roland was observed working around an illegal distillery by federal agents. He was apprehended at the site. One of the arresting agents testified that after giving Roland the Miranda warnings he remarked that he thought Roland had gotten out of the liquor business. Roland moved for a mistrial on the ground that the statement was a comment upon his character. The motion was denied.
As Roland points out, the prosecution may not offer evidence concerning a defendant’s character or reputation during its case-in-chief. Michelson v. United States, 1948, 335 U.S. 469, 475, 69 S.Ct. 213, 93 L.Ed. 168. The remark, volunteered by the witness, however, was ambiguous. It did not mention any past crimes nor did it necessarily refer to any illegal activity. If, however, the statement did have an impermissible connotation, it is uncontradicted that three agents observed Roland working at the distillery intermittently over a period of three weeks and he was apprehended at the scene. An error that might be prejudicial in a close case does not require reversal when evidence of the defendant’s guilt is strong. United States v. Lipscomb, 5 Cir. 1970, 435 F.2d 795, 803, cert. denied 401 U.S. 980, 91 S.Ct. 213, 28 L.Ed.2d 331; United States v. Panczko, 7 Cir. 1970, 429 F.2d 683, 688.
Considering the evidence as a whole, we are “sure that the error did not influence the jury.” Kotteakos v. United States, 1946, 328 U.S. 750, 764, 66 S.Ct. 1239, 1248, 90 L.Ed. 1557. Fed.R.Crim. P. 52(a).
The judgment of the district court is
Affirmed.
. 26 U.S.C.A. § 5601
(a) Offenses. — Any person who—
(1) Unregistered stills. — has in his possession or custody, or under his control, any still or distilling apparatus set up which is not registered, as required by section 5179(a)
* 'Jfi * %
(4) Failure or refusal of distiller or rectifier to give bond. — carries on the business of a distiller or rectifier without having given bond as required by law; * * *
26 U.S.C.A. § 5604
(a) General. — Any person who shall—
(1) transport, possess, buy, sell, or transfer any distilled spirits, required to be stamped under the provisions of section 5205(a) (2), unless the immediate container thereof has affixed thereto a stamp as required by such section; * * *