At page 391 Determining disclosure of presentence reports to third parties39 citing cases“that a defendant be convicted on nothing less than the full truth.”
- Franklin D. Strader v. Anthony F. Troy, Attorney Gen. of Virginia, & Commonwealth of Virginia, 571 F.2d 1263 (4th Cir. 1978).published (We think," "we do not think)
- United States v. Grullon, 996 F.3d 21 (1st Cir. 2021).published(because of the importance of the credibility of the prosecution's codefendant or coconspirator witness, disclosure of the PSR may be warranted when "the integrity of the judicial process [so] requires)
- United States v. Chee, 191 F. Supp. 3d 1150 (D. Nev. 2016).publishedWhether there is such a likelihood depends upon a number of factors such as the importance of the witness to the government’s case, the extent to which the witness has already been impeached, and the significance of the new impeaching mate…
- United States v. Shafer, 608 F.3d 1056 (8th Cir. 2010).published([Ijnformation contained in a presentence report should not be disclosed to third parties unless lifting confidentiality is required to meet the ends of justice.)
- United States v. Coxton, 598 F. Supp. 2d 737 (W.D.N.C. 2009).publishedSee United States Dept. of Justice v. Julian, 486 U.S. 1, 12 , 108 S.Ct. 1606 , 100 L.Ed.2d 1 (1988) (“[C]ourts have been very reluctant to give third parties access to the presentence investigation report prepared for some other individua…
- United States v. Molina, 356 F.3d 269 (2d Cir. 2004).publishedThe Fourth Circuit has taken a broad view of the ends of justice stating that when a witness whose PSR is sought to be disclosed is a co-defendant, a proper concern for the rights of the defendant requires in some cases that confidentialit…
- Beller v. United States, 221 F.R.D. 674 (D.N.M. 2003).publishedUnited States v. Figurski, 545 F.2d 389, 391 (4th Cir.1976); United States v. Charmer Indus., Inc., 711 F.2d 1164 (2d Cir.1983).
- Ryan v. Roman Catholic Bishop of Providence, 787 A.2d 1191 (R.I. 2002).publishedAccording to Rule 26(b)(1), “[p]arties may obtain • discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action * * Further, “[a]n impressive body of doctrine recognizes the privil…
- State v. Bacon, 702 A.2d 116 (Vt. 1997).published (concern for rights of defendants and integrity of judicial process in some cases requires overriding confidentiality of PSIs)
- United States v. Preate, 927 F. Supp. 163 (M.D. Pa. 1996).publishedSee United States Dept. of Justice v. Julian, 486 U.S. 1, 12 , 108 S.Ct. 1606, 1613 , 100 L.Ed.2d 1 (1987) (“[C]ourts have been very reluctant to give third parties access to the presentence investigation report prepared for some other ind…
Show 27 more citing cases
- Commonwealth v. Herrick, 660 A.2d 51 (Pa. Super. Ct. 1995).published (using the same standard for disclosure as is used when deciding to grant a new trial based upon after-discovered evidence, as stated in United States v. Agurs, 427 U.S. 97, 112 , 96 S.Ct. 2392, 2401 , 49 L.Ed.2d 342, 35…)
- United States v. Cox, 836 F. Supp. 1189 (D. Md. 1993).publishedSee Pennsylvania v. Ritchie, 480 U.S. 39, 57 , 107 S.Ct. 989, 1001 , 94 L.Ed.2d 40 (1987); United States v. Figurski, 545 F.2d 389, 391 (4th Cir.1976).
- United States v. Brooks, 828 F. Supp. 29 (N.D. Tex. 1993).publishedCiting United States v. Figurski, 545 F.2d 389, 391 (4th Cir.1976) and United States v. Charmer Industries, Inc., 711 F.2d 1164, 1175-76 (2d Cir. 1983), Brooks contends that information contained in the presentence report should not be dis…
- United States v. Michael John Canino, James Gilbert Marcum, John G. Flynn, & David Leonard Malkin, 949 F.2d 928 (7th Cir. 1992).publishedIn United States v. Figurski, 545 F.2d 389, 391 (4th Cir.1976), the Fourth Circuit noted that the proper evaluation of the significance of information in the reports involved the appraisal of many factors likely to affect the trier of fact.
- United States v. Goody Moore Emmanuel Salami, Emmanuel Salami, 949 F.2d 68 (2d Cir. 1991).publishedSee United States v. DeVore, 839 F.2d 1330, 1332-33 (8th Cir.1988); United States v. Anderson, 724 F.2d 596, 598-99 (7th Cir.1984); United States v. Cyphers, 553 F.2d 1064, 1068-69 (7th Cir.), cert. denied, 434 U.S. 843 , 98 S.Ct. 142 , 54…
- Commonwealth v. Santiago, 591 A.2d 1095 (Pa. Super. Ct. 1991).published (holding that the trial court is required to review and disclose evidence to the defense contained in presentence reports which it determines materially exculpatory because the "ends of justice" demand "that a defendant…)
- United States v. Michael J. Corbitt, Pulitzer Cmty. Newspapers, Inc., Intervenor-Appellee, 879 F.2d 224 (7th Cir. 1989).publishedSee also United States v. Anderson, 724 F.2d 596, 597 (7th Cir.1984); United States v. Charmer Indus., Inc., 711 F.2d 1164, 1176 (2d Cir.1983) ("the court should not release a presentence report to a third person unless that person has sho…
- Harris v. United States, 121 F.R.D. 652 (W.D.N.C. 1988).publishedAlthough Rule 32 does not govern the present situation, United States v. Firgurski, 545 F.2d 389, 391 (4th Cir.1976), it does indicate the extreme delicacy with which such reports should be treated.
- United States v. Malcolm R. Schlette, Est. of William O. Weissich, Marin Indep. Journal, Applicant-Appellant. Est. of William O. Weissich, Marin Indep. Journal v. United States Dist. Court for the N. Dist. of California, United States of Am., Real Party in Interest, 842 F.2d 1574 (9th Cir. 1988).publishedJulian v. United States Dep't of Justice, 806 F.2d 1411 , 1418-19 (9th Cir.1986), cert. granted, --- U.S. ----, 107 S.Ct. 3209 , 96 L.Ed.2d 695 (1987); accord United States v. McKnight, 771 F.2d 388, 390 (8th Cir.1985),cert. denied, 475 U.…
- United States Dep't of Just. v. Julian, 486 U.S. 1 (1988).published The privilege protecting presentence reports is unquestionably “well recognized in the case law as precluding routine disclosure.” See, e. g., United States v. Charmer Industries, Inc., 711 F. 2d 1164, 1175-1176 (CA2 1983); United States v…
- United States v. Schlette, 842 F.2d 1574 (9th Cir. 1988).publishedJulian v. United States Dep’t of Justice, 806 F.2d 1411 , 1418-19 (9th Cir.1986), cert. granted, — U.S. —, 107 S.Ct. 3209 , 96 L.Ed.2d 695 (1987); accord United States v. McKnight, 771 F.2d 388, 390 (8th Cir.1985), cert. denied, 475 U.S. 1…
- Julian v. United States Dep't of Just., 806 F.2d 1411 (9th Cir. 1986).publishedWe are in accord with the construction placed on the rule in Hancock Brothers, Inc. v. Jones, 293 F.Supp. 1229, 1233 (N.D.Cal.1968): “information contained in a presentence report should not be disclosed to third parties unless lifting con…
- Kenneth Michael Julian v. United States Dep't of Just., Margaret J. Wallace v. United States Parole Comm'n, & Charles Turnbo, Warden, F.C.I., Pleasanton, Ca, 806 F.2d 1411 (9th Cir. 1986).publishedWe are in accord with the construction placed on the rule in Hancock Brothers, Inc. v. Jones, 293 F.Supp. 1229, 1233 (N.D.Cal.1968): "information contained in a presentence report should not be disclosed to third parties unless lifting con…
- United States v. Gallo, 653 F. Supp. 320 (E.D.N.Y. 1986).published See, e.g., United States v. Cyphers, 553 F.2d 1064, 1069 (7th Cir.), cert, denied, 434 U.S. 843 , 98 S.Ct. 142 , 54 L.Ed.2d 107 (1977); United States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976); United States v. Walker, 491 F.2d 236, 238…
- United States v. William L. McKnight & James W. Sturdevant, 771 F.2d 388 (8th Cir. 1985).publishedUnited States v. Charmer, 711 F.2d 1164, 1173 (2d Cir.1983); United States v. Figurski, 545 F.2d 389, 391 (4th Cir.1976); see also Fed.R.Crim.P. 32.
- Rowe v. Grizzard, 591 F. Supp. 389 (E.D. Va. 1984).publishedSennett v. Sheriff of Fairfax County, 608 F. 537 , 538 (4th Cir.1979); United States v. Figurski, 545 F.2d 389, 391-392 (4th Cir.1976).
- United States v. Ammar, 714 F.2d 238 (3d Cir. 1983).publishedThat is a private paper prepared for the use of the Court." According to Stillman, the district court was required at least to compare Welkie's statement to his probation officer with his trial testimony, see United States v. Cyphers, 553…
- United States v. Ammar, 714 F.2d 238 (3d Cir. 1983).publishedThat is a private paper prepared for the use of the Court.” According to Stillman, the district court was required at least to compare Welkie’s statement to his probation officer with his trial testimony, see United States v. Cyphers, 553…
- United States v. Charmer Indus., Inc., & Peerless Importers, Inc., 711 F.2d 1164 (2d Cir. 1983).publishedIn the most thorough exposition of the policy considerations warranting a strict standard for third-party disclosure, the court in Hancock Brothers v. Jones, supra, 293 F.Supp. 1229 , required a compelling showing that “lifting confidentia…
- Chavis v. North Carolina, 637 F.2d 213 (4th Cir. 1980).published But the fact is Junius was given a minibike and a part-time job, the prosecutor arranged to have Hall's sentence modified to that of a "committed youthful offender" so that he could be confined under less severe conditions, and Hall and Mi…
- United States v. Skeeter Cyphers & David Willman, 553 F.2d 1064 (7th Cir. 1977).published E. g., United States v. Figurski, 545 F.2d 389, 391-92 (4th Cir. 1976); Hancock Bros., Inc. v. Jones, 293 F.Supp. 1229, 1233 (N.D.Cal.1968).
- United States v. Clarence Arthur Harvey, 588 F.2d 1201 (8th Cir. 1978).published
- United States v. Soc'y of Indep. Gasoline Marketers of Am., United States of Am. v. Amerada Hess Corp., United States of Am. v. Ashland Oil, Inc., United States of Am. v. Kayo Oil Co., United States of Am. v. The Meadville Corp., United States of Am. v. Petroleum Mktg. Corp., United States of Am. v. Robert R. Cavin, 624 F.2d 461 (4th Cir. 1980).published
- United States v. Jerry Lee Wilson, Norman Karl Scott v. United States, 671 F.2d 1138 (8th Cir. 1982).published
- United States v. John Burton Devore, Jr., 839 F.2d 1330 (8th Cir. 1988).published
- United States v. Beckford, 962 F. Supp. 780 (E.D. Va. 1997).published
- United States v. Soc'y of Indep. Gasoline Marketers of Am., 624 F.2d 461 (4th Cir. 1979).published
At page 392 Examining disclosure of impeaching witness reports19 citing casesdetermining that PSR "contains nothing to exculpate defendant, and nothing [that] ... would have added further support to the attack on the credibility of [the cooperator]," and therefore any error was harmless
- State of Tennessee v. Tony Thomas & LaRonda Turner, 687 S.W.3d 223 (Tenn. 2024).publishedCir. Dec. 21, 2012). 29 See United States v. Torres-Galindo, 206 F.3d 136, 140 (1st Cir. 2000); United States v. Parker, 903 F.2d 91, 97 (2d Cir. 1990) (citing United States v. Bernstein, 533 F.2d 775, 791 (2d Cir. 1976)); United States v.…
- United States v. Douglas, No. 97-4919 (4th Cir. Oct. 16, 1998).unpublishedTo support his argument, he attacks the credibility of the two investigators who testified as to the confes- _________________________________________________________________ 7 Appellant's Br. at 11. 8 Id. at 12. 9 Burgos, 94 F.3d at 863 (…
- United States v. David Shoetan, 108 F.3d 1374 (4th Cir. 1997).unpublishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976).
- United States v. Shoetan, No. 95-5660 (4th Cir. Mar. 11, 1997).unpublishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir. 1976).
- Commonwealth v. Herrick, 660 A.2d 51 (Pa. Super. Ct. 1995).published Figurski 545 F.2d at 391 (using the same standard for disclosure as is used when deciding to grant a new trial based upon after-discovered evidence, as stated in United States v. Agurs, 427 U.S. 97, 112 , 96 S.Ct. 2392, 2401 , 49 L.Ed.2d 3…
- United States v. Charles Francis Haas, Jr., A/K/A Big Arm Charles, 52 F.3d 322 (4th Cir. 1995).publishedHaas concedes that such uncorroborated testimony may be sufficient to convict, United States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976), but argues that the testimony of coconspirators Benson and Yank was tainted by their self-interest…
- United States v. Frazier Hawkins, A/K/A Hawk, A/K/A Kenneth Hawkins, 35 F.3d 557 (4th Cir. 1994).unpublishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976).
- Michael Joseph Howington v. William L. Smith, Warden Attorney Gen. of the State of Maryland, 12 F.3d 204 (4th Cir. 1993).unpublishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976).
- United States v. Donald Berry Burns, United States of Am. v. Joseph L. Laforney, 990 F.2d 1426 (4th Cir. 1993).publishedE.g., United States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976); United States v. Clark, 541 F.2d 1016, 1018 (4th Cir.1976).
- Marvin Nathaniel Demby v. State of Maryland Robert A. Harleson Attorney Gen. of the State of Maryland, 978 F.2d 1254 (4th Cir. 1992).unpublishedClaim 1 is not properly presented on federal habeas, see United States v. Figurski, 545 F.2d 389, 392 (4th Cir. 1976), and is lacking in merit under state law.
Show 9 more citing cases
- United States of Am., Plaintiff-Appellee/cross-Appellant v. Hiram Stanley Sasser, Ii, Defendant-Appellant/cross-Appellee, 971 F.2d 470 (10th Cir. 1992).publishedSee United States v. Moore, 949 F.2d 68, 71-72 (2d Cir.1991) (stating that a presentence report was not Jenks Act material but nonetheless making in camera review and finding no exculpatory or impeaching material for which the defendant ha…
- United States v. Gallo, 653 F. Supp. 320 (E.D.N.Y. 1986).published See, e.g., United States v. Cyphers, 553 F.2d 1064, 1069 (7th Cir.), cert, denied, 434 U.S. 843 , 98 S.Ct. 142 , 54 L.Ed.2d 107 (1977); United States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976); United States v. Walker, 491 F.2d 236, 238…
- United States v. Manbeck, 744 F.2d 360 (4th Cir. 1984).publishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976); United States v. Clark, 541 F.2d 1016, 1018 (4th Cir.1976); United States v. Miller, 451 F.2d 1306, 1307 (4th Cir.1971).
- United States v. Thomas Manbeck, United States of Am. v. Kenneth Herring, United States of Am. v. Mark Huiet Sale, United States of Am. v. Lorenz Josephus Proden, United States of Am. v. Kermit Theodore Brogden, United States of Am. v. John Wesley Flannel, United States of Am. v. Gary Gallopo, United States of Am. v. John Benjamin Barton, Jr., Jessie Lee Mallory, & Arthur Duncan, United States of Am. v. John O'hare, Eddie Brantley, Thomas Earnest Folske, Thomas Sams Hightower, Timothy Allen Laxton, Harrell Lewis, Jr., & John Isidore Stevens, United States of Am. v. Aaron Douglas Staetter, John Michael Iyoob, James Anthony Hastings, & Gregory Michael Scott, United States of Am. v. David Martin Summerville, 744 F.2d 360 (4th Cir. 1984).publishedUnited States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976); United States v. Clark, 541 F.2d 1016, 1018 (4th Cir.1976); United States v. Miller, 451 F.2d 1306, 1307 (4th Cir.1971).
- United States v. Skeeter Cyphers & David Willman, 553 F.2d 1064 (7th Cir. 1977).published E. g., United States v. Figurski, 545 F.2d 389, 391-92 (4th Cir. 1976); Hancock Bros., Inc. v. Jones, 293 F.Supp. 1229, 1233 (N.D.Cal.1968).
- United States v. Ventura, 132 F.3d 44 (10th Cir. 1997).unpublished See United States v. Figurski, 545 F.2d 389, 392 (4th Cir.1976).
- United States v. Ruben Dario Reyes, 30 F.3d 132 (4th Cir. 1994).unpublished
- United States v. Tyrone Anthony Skeen, 47 F.3d 1166 (4th Cir. 1995).unpublished
- United States v. Williams, No. 97-4139 (4th Cir. Aug. 28, 1997).unpublished
At page 390 cited at this page1 citing case
- Richard S. Sennett II v. Sheriff of Fairfax Cnty., Virginia, 608 F.2d 537 (4th Cir. 1979).publishedSee Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972); United States v. Figurski, 545 F.2d 389, 390-91 (4th Cir. 1976); Norris v. Slayton, 540 F.2d 1241 (4th Cir. 1976).
Other citing cases
- United States v. Gerald M. Cuthbertson, Cbs Inc., Third-Party Witness, No. 81-1467. United States of Am. v. Gerald M. Cuthbertson, Cbs Inc., Nos. 81-1470 & 81-1485, Honorable Herbert J. Stern, Nominal, 651 F.2d 189 (3d Cir. 1981).published
- United States v. Cuthbertson, 651 F.2d 189 (3d Cir. 1981).published
- United States v. Donald Harvey, 890 F.3d 1130 (8th Cir. 2018).published
- Robinson v. State, 699 A.2d 570 (Md. Ct. Spec. App. 1997).published
v.
Thomas J. FIGURSKI, Appellant
Convicted by a jury of four substantive counts and one conspiracy count involving the distribution of drugs, Thomas J. Figurski appeals, assigning numerous grounds for reversal. Only that dealing with defendant’s claim that his cross-examination of the government witness Brisendine was prejudicially restricted warrants any extended discussion. We affirm.
I.
Brisendine was an unindicted coconspirator, who testified for the government about the existence of the conspiracy and defendant’s participation in it. He had earlier been convicted of a related charge and had been sentenced under 18 U.S.C. § 4208(b) for a study by the Bureau of Prisons and a recommendation as to what sentence should be ultimately imposed. When Brisendine testified in the instant case, the report and recommendation had been made, and it had[*391] been received by the district judge. Defendant’s counsel requested inspection of the report, claiming that inspection was necessary to assist him in cross-examining that witness, but the district judge refused the request. In refusing the request, the district judge was not in error.
Rule 32(c)(3), F.R.Cr.P., relates to the disclosure of presentence reports, and it is applicable to reports made by the Bureau of Prisons under 18 U.S.C. § 4208(b). Rule 32(c)(3)(E). In general, the rule provides for the disclosure of such reports to a defendant who is the subject of the report, or his counsel, except for certain information and recommendations that may be withheld. The rule is silent about disclosure to anyone else. We are in accord with the construction placed upon the rule in Hancock Brothers, Inc. v. Jones, 293 F.Supp. 1229, 1233 (N.D.Cal., 1968): “information contained in a presentence report should not be disclosed to third parties unless lifting confidentiality is required to meet the ends of justice.”
In determining the “ends of justice,” we start with the basic concern of American criminal jurisprudence that a defendant be convicted on nothing less than the full truth. Mooney v. Holohan, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791 (1935); Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959); Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972); United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976). * A substantial issue in any trial may be the credibility of a prosecution witness because “[t]he jury’s estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence . ” Napue v. Illinois, 360 U.S. at 269, 79 S.Ct. at 1177. The issue takes on added importance when the witness is a codefendant, or a coconspirator, yet to be tried or sentenced, or, as here, an unindicted coconspirator, because the testimony of such witness may be shaded to curry favorable treatment rather than premised upon an overriding concern for the truth.
Thus, a proper concern for the rights of criminal defendants and for the integrity of the judicial process requires that, in some cases, the confidentiality of a presentence report on a witness should be breached and the report, or the pertinent portions thereof, made available to counsel for the defendant upon his request. We think that the appropriate test for when disclosure should be made is that articulated in United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976), as the standard for granting a new trial, after conviction, on the ground of after-discovered evidence. There, it was said:
[I]f the omitted evidence creates a reasonable doubt that did not otherwise exist, constitutional error has been committed. This means that the omission must be evaluated in the context of the entire record. If there is no reasonable doubt about guilt whether or not the additional evidence is considered, there is no justification for a new trial. On the other hand, if the verdict is already of questionable validity, additional evidence of relatively minor importance might be sufficient to create a reasonable doubt. (Footnotes omitted.) Id., at 112, 96 S.Ct. at 2401.
As in Agurs, where the issue was the standard for granting a new trial, so here, where the issue is whether to disclose a protected report, the basic problem is one of materiality. If the report contains exculpatory material, that part of the report must be disclosed. If the report contains only material impeaching the witness, disclosure is required only when there is a reasonable likelihood of affecting the trier of the fact. Whether there is such a likelihood depends upon a number of factors such as the importance of the witness to the government’s case, the extent to which the witness has already been impeached, and[*392] the significance of the new impeaching material on the witness’ credibility. Appraisal of some of these factors may indicate that a ruling on a request for disclosure must be delayed until proffers of evidence can be made or until the government’s case or the entire case has been presented so that the protected information may be examined in context.
It follows that, when requested to exhibit such a report, the district court should examine it in camera and disclose only those portions, if less than all, of the report which meet the test we prescribe. If exhibition is denied, the denial should be an informed one based upon the district court’s conclusion that the information contained therein fails to meet the prescribed test.
Because we were uncertain from the record whether the district judge had in mind the contents of the report on Brisendine when he refused its production, we requested a copy of the report. We have examined it and compared its contents with the impeaching data elicited from the cross-examination of Brisendine. The report contains nothing to exculpate defendant, and nothing contained in the report would have added further support to the attack on the credibility of Brisendine. The report should not have been disclosed.
Defendant’s other claims that his cross-examination of the government witness Brisendine was prejudicially restricted are without merit. The district court did not abuse its discretion in refusing to permit cross-examination of the witness as to why he received a general and not an honorable discharge from government military service. Nor was there an abuse of discretion in limiting cross-examination of the witness with regard to his relationship with a young girlfriend. Defendant’s counsel was not improperly restricted in making a proffer of what he hoped to develop from this questioning; he was restricted only when his proffer lost cognizable direction. Since the witness had a right to decline to be interviewed by defendant's counsel, it was not improper to restrict defendant’s counsel from inquiring as to why the witness exercised this right.
II.
Defendant’s other contentions require little comment:
We do not think that the district court abused its discretion in limiting defendant to twenty minutes of closing argument when it limited the codefendant to a like period and the government to forty minutes. Indeed, defendant has not pointed to any specific prejudice that he claims that he suffered.
Nor do we find reversible error in the references by government counsel to the law in his opening statement and closing arguments to the jury. He did not misstate the law, and in large part he merely responded to comments on the law made by counsel for defendant. The district court’s admonitions to defendant’s counsel about an improper objection and misquoting the evidence, while stern, also did not constitute reversible error.
It was not improper for the district court, in instructing the jury about defendant’s credibility as a witness, to point out defendant’s vital interest in the outcome of the case; and the rule in this circuit and elsewhere is that under federal law a defendant may be convicted on the uncorroborated testimony of an accomplice. An instruction to that effect was proper. Gormley v. United States, 167 F.2d 454 (4 Cir. 1948). Similarly, it was proper to tell the jury that circumstantial evidence, if it convinces beyond a reasonable doubt, is entitled to the same weight as direct evidence. Holland v. United States, 348 U.S. 121, 75 S.Ct. 127, 99 L.Ed. 150 (1954). Finally, we think the evidence more than ample to permit the jury to find that a conspiracy existed of which defendant was a part.
AFFIRMED. .
As these cases indicate, the problem usually arises in a postconviction attack on the validity of a conviction or a motion for new trial based on after-discovered evidence.