United States v. Lonnie Turner, 565 F.2d 539 (8th Cir. 1977). · Go Syfert
United States v. Lonnie Turner, 565 F.2d 539 (8th Cir. 1977). Cases Citing This Book View Copy Cite
22 citation events (11 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Coleman, Chauncey (cadc, 2009-01-16)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Coleman, Chauncey
D.C. Cir. · 2009 · confidence medium
See United States v. Clay, 346 F.3d 173, 177-78 (6th Cir.2003); United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977).
discussed Cited as authority (rule) United States v. Clay
6th Cir. · 2003 · confidence medium
Instead, this section states that States v. Turner, 565 F.2d 539, 541 (8th Cir. 1977) (per “[i]t shall be unlawful for any person knowingly or curiam) (“[O]nce the trial court had been informed of the intentionally to possess a controlled substance . . . .” Thus, stipulation of counsel, he should have read the indictment to whether Clay possessed crack or powder cocaine, we the jury without reference to the nature of the felony conclude that there was sufficient evidence for a rational trier conviction.
cited Cited as authority (rule) United States v. Eric John Thompson, United States of America v. Tammy Ann Leavoy
8th Cir. · 1989 · confidence medium
U.S. v. Turner, 565 F.2d 539, 541 (8th Cir.1977).
cited Cited as authority (rule) United States v. Levasseur
D. Mass. · 1988 · signal: cf. · confidence medium
Cf. United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977) (an unresponsive answer to a question regarding routine personal identification information is admissible).
cited Cited as authority (rule) State v. Bradley
Wash. · 1986 · confidence medium
See United States v. Glen-Archila, 677 F.2d 809, 815 (11th Cir. 1982); United States v. Turner, 565 F.2d 539, 541 (8th Cir. 1977).
cited Cited as authority (rule) United States v. Douglas Moore
8th Cir. · 1984 · confidence medium
United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977).
discussed Cited as authority (rule) United States v. Solomon Rooks, United States of America v. Percy Gray, Jr.
8th Cir. · 1978 · confidence medium
See Michigan v. Mosley, 423 U.S. 96, 102-06 , 96 S.Ct. 321 , 40 L.Ed.2d 313 (1975); United States v. Turner, 565 F.2d 539, 541 (8th Cir. 1977); United States v. Finch, 557 F.2d 1234, 1236 (8th Cir. 1977).
discussed Cited "see" United States v. Jerry Lynn Webb
5th Cir. · 1992 · signal: see · confidence high
See United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977) (per curiam) (improper reference to felony conviction not prejudicial in light of substantial evidence against appellant); United States v. Glaziou, 402 F.2d 8, 16 (2d Cir.1968), cert. denied, 393 U.S. 1121 , 89 S.Ct. 999 , 22 L.Ed.2d 126 (1969) (“highly unlikely” harm occurred due to paraphrasing of indictment at voir dire).
discussed Cited "see, e.g." United States v. Corey Clay
6th Cir. · 2003 · signal: see also · confidence medium
See Myers v. United States, 198 F.3d 615, 619 (6th Cir.1999) (holding that the district court’s reading to the jury the nature of the defendant’s prior offenses was harmless error); United States v. McFerren, 142 F.3d 437 , 1998 WL 180514 , at *3-4 (6th Cir. Apr.8, 1998) (per curiam) (applying the harmless-error standard to the defendant’s claim that the district court erred when it read to the jury the indictment that contained references to his prior convictions); see also United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977) (per curiam) (“[0]nce the trial court had been informe…
cited Cited "see, e.g." Floyd D. Parker v. United States
D.C. Cir. · 1986 · signal: see, e.g. · confidence medium
See, e.g., United States v. Turner, 565 F.2d 539, 541 (8th Cir.1977) (per curiam); United States v. Liles, 432 F.2d 18, 19-20 (9th Cir.1970).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Lonnie TURNER, Appellant
77-1554.
Court of Appeals for the Eighth Circuit.
Nov 17, 1977.
565 F.2d 539
J. Justin Meehan, Howard, Singer & Mee-han, St. Louis, Mo., for appellant., Barry A. Short (former U. S. Atty.), and James J. Barta, Asst. U. S. Atty., St. Louis, Mo., for appellee.
Heaney, Henley, Per Curiam, Webster.
Cited by 16 opinions  |  Published
PER CURIAM.

Lonnie Turner was convicted of possession of a firearm after having been previously convicted of a felony. 18 U.S.C.App. § 1202(a)(1). He was sentenced to two years imprisonment. We affirm.

Turner was arrested after two St. Louis police officers saw him carrying a bundle from which three firearms protruded. One of the officers was previously acquainted with Turner. The officer called to Turner, who then dropped the bundle and ran. He was quickly apprehended by the officers, who placed him under arrest and read him his Miranda rights. Turner refused to make any statements.

After the officers determined that the firearms had been stolen the day before, they contacted the Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury. Two agents of the Bureau came to question Turner. The agents advised Turner of his Miranda rights and asked him to sign a form waiving his constitutional[*541] rights. Turner refused to make any statement or sign the waiver of rights form. One of the agents left the room, and the other then asked Turner for information concerning his personal history. At that time, the agent testified that Turner volunteered the statement that he had gotten the guns from a friend to sell for a few dollars. Turner made no further statements with respect to the incident.

On appeal, Turner first contends that the trial court erred in admitting the statement he allegedly made to the agent of the Bureau of Alcohol, Tobacco and Firearms. It has been clearly established that a defendant has a right to cut off questioning when he has indicated he will not make a statement. Miranda v. Arizona, 384 U.S. 436, 473-474, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Michigan v. Mosley, 423 U.S. 96, 102-106, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975); United States v. Finch, 557 F.2d 1234, 1236 (8th Cir. 1977). It is equally clear, however, that voluntary statements are admissible. Here, the agent was not questioning Turner as to the crime, but was instead obtaining routine personal identification information. The agent testified that Turner volunteered the statement on his own and not in response to questioning. Similar unresponsive custodial statements have been found to be admissible. See United States v. Thomas, 475 F.2d 115, 116-117 (10th Cir. 1973); Parson v. United States, 387 F.2d 944, 945-946 (10th Cir. 1968); Spinelli v. United States, 382 F.2d 871, 890-892 (8th Cir. 1967), reversed on other grounds, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). We note, moreover, that there has been no allegation of government coercion or deception in obtaining the statement. Thus, the trial court did not err in admitting the statement.

Turner’s next contention is that the reading of the indictment was unduly prejudicial because it specified the nature of his prior felony. An essential element that must be proven to sustain a conviction under 18 U.S.C.App. § 1202(a)(1) is that the defendant must have been a convicted felon at the time he received or was in possession of a firearm. United States v. Mancino, 474 F.2d 1240 (8th Cir.), cert. denied, 412 U.S. 953, 93 S.Ct. 3020, 37 L.Ed.2d 1007 (1973). A stipulation as to the existence of an unspecified prior felony conviction of the defendant was introduced at trial. No other evidence was introduced at trial as to the nature of the prior felony. Neither the stipulation nor the correspondence between the defense counsel and the Assistant U. S. Attorney indicate that any agreement had been reached with respect to the reading of the indictment which specified the nature of the felony conviction. Even though there was no specific agreement with respect to the reading of the indictment, we believe that once the trial court had been informed of the stipulation of counsel, he should have read the indictment to the jury without reference to the nature of the felony conviction. However, we do not feel that this error was unduly prejudicial in. light of the substantial evidence of Turner’s guilt. See United States v. Corbett, 518 F.2d 113, 116 (8th Cir. 1975); United States v. Fields, 500 F.2d 69, 70-72 (6th Cir.), cert. denied, 419 U.S. 1071, 95 S.Ct. 659, 42 L.Ed.2d 667 (1974); United States v. Matthews, 453 F.2d 1237, 1238 (8th Cir. 1972).

Turner’s final contention is that the trial court should have granted the defense motion for an acquittal because the government failed to prove that the objects Turner possessed were in fact firearms. This contention is without merit. The jury was properly instructed as to the statutory definition of a firearm under 18 U.S.C.App. § 1202(c)(3). The owner of the guns testified that he had fired two of them on several occasions. He further testified that based upon his twenty-six years of experience with firearms, the objects in question were firearms within the statutory definition.

Affirmed.