United States v. Alcario Estrada Rosales, 680 F.2d 1304 (10th Cir. 1981). · Go Syfert
United States v. Alcario Estrada Rosales, 680 F.2d 1304 (10th Cir. 1981). Cases Citing This Book View Copy Cite
38 citation events (11 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Smith (ca10, 2025-04-22)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Smith
10th Cir. · 2025 · confidence medium
The question of whether to voir dire the jury was a matter for the trial court’s discretion and will not be disturbed in the absence of clear 26 Appellate Case: 23-7087 Document: 71-1 Date Filed: 04/22/2025 Page: 27 abuse.” United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir. 1981); see also United States v. Hines, 696 F.2d 722 , 730–31 (10th Cir. 1982) (finding no abuse of discretion when the court held a hearing to determine the nature of a two-minute conversation between an FBI witness and two jurors and concluded that the conversation did not involve the merits of the case or evi…
discussed Cited as authority (rule) United States v. W.R. Grace
9th Cir. · 2008 · confidence medium
See, e.g., United States v. DeCoteau, 186 F.3d 1008 , 1010 n.2 (8th Cir. 1999) (“[A] district court in this circuit may exercise its discretion to require such disclosure in a proper case.”) (internal quota- tion marks omitted); United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir. 1981); United States v. Colson, 662 F.2d 1389, 1391 (11th Cir. 1981); United States v. Kendricks, 623 F.2d 1165, 1168 (6th Cir. 1980) (per curiam).
discussed Cited as authority (rule) United States v. Grace (2×)
9th Cir. · 2008 · confidence medium
See, e.g., United States v. DeCoteau, 186 F.3d 1008 , 1010 n. 2 (8th Cir.1999) (“[A] district court in this circuit may exercise its discretion to require such disclosure in a proper case.”) (internal quotation marks omitted); United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981); United States v. Colson, 662 F.2d 1389, 1391 (11th Cir.1981); United States v. Kendricks, 623 F.2d 1165, 1168 (6th Cir.1980) (per curiam).
discussed Cited as authority (rule) United States v. Howell
10th Cir. · 2002 · confidence medium
See, e.g., Gust v. Jones, 162 F.3d 587, 596 (10th Cir.1998) (“Rule 609(a)(1) requires, in addition to a threshold length and severity of punishment, an application of the balancing test of Federal Rule of Evidence 403”) (emphasis added); United States v. Begay, 144 F.3d 1336, 1338 (10th Cir.1998) (“Rule 403 balancing applies unless the prior crime involves dishonesty or false statements”) (emphasis added); cf. United States v. Mejia-Alarcon, 995 F.2d 982 , 987 n. 2 (10th Cir.1993) (“[A]ny final determination as to admissibility under Rule 609(a)(1) rests on a balancing of the probati…
discussed Cited as authority (rule) State v. R.D.
N.J. · 2001 · confidence medium
E.g., United States v. Davis, 177 F.3d 552, 557 (6th Cir.1999) (finding trial court abused its discretion in failing to question other jurors where excused juror admitted expressing his fears to other jurors); United States v. Cantu, 167 F.3d 198, 202 (5th Cir.), cert. denied, 528 U.S. 818 , 120 S.Ct. 58 , 145 L.Ed.2d 50 (1999) (applying abuse of discretion standard of review to trial court’s decision not to voir dire remaining jurors); United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir.1981) (same); People v. Aleman, 313 Ill.App.2d 51 , 246 Ill.Dec. 20 , 729 N.E.2d 20, 31 , appeal deni…
discussed Cited as authority (rule) State v. RD
N.J. · 2001 · confidence medium
E.g., United States v. Davis, 177 F. 3d 552, 557 (6th Cir.1999) (finding trial court abused its discretion in failing to question other jurors where excused juror admitted expressing his fears to other jurors); United States v. Cantu, 167 F. 3d 198, 202 (5th Cir.), cert. denied, 528 U.S. 818 , 120 S.Ct. 58 , 145 L.Ed. 2d 50 (1999) (applying abuse of discretion standard of review to trial court's decision not to voir dire remaining jurors); United States v. Rosales, 680 F. 2d 1304, 1306 (10th Cir.1981) (same); People v. Aleman, 313 Ill.App. 3d 51, 246 Ill.Dec. 20 , 729 N.E. 2d 20, 31 , appeal d…
discussed Cited as authority (rule) United States v. McVeigh
10th Cir. · 1998 · confidence medium
See United States v. Davis, 60 F.3d 1479, 1483-84 (10th Cir.1995) (hearing unnecessary when district court already had sufficient facts to know the extent of the extraneous contact); United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir.1981) (no abuse of discretion to decline to hold a hearing when there was no evidence that any juror other than the one discharged heard the extraneous remarks).
discussed Cited as authority (rule) Lewis E. Ashker v. Joseph Class
8th Cir. · 1998 · confidence medium
See also LaMere, 827 F.2d at 625 ; United States v. Rosales, 680 F.2d 1304, 1350 (10th Cir. 1981); and McClendon v. United States, 587 F.2d 384, 389 (8th Cir. 1978), cert. denied, 440 U.S. 983 (1979).
discussed Cited as authority (rule) Lewis E. Ashker v. Joseph Class, Warden, South Dakota Penitentiary, and Mark W. Barnett, Attorney General of South Dakota (2×)
8th Cir. · 1998 · confidence medium
See also LaMere, 827 F.2d at 625 ; United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981); and McClendon v. United States, 587 F.2d 384, 389 (8th Cir.1978), cert. denied, 440 U.S. 983 , 99 S.Ct. 1793 , 60 L.Ed.2d 244 (1979).
discussed Cited as authority (rule) United States v. Storey
D. Kan. · 1997 · confidence medium
In United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981), the Tenth Circuit denied the defendant’s motion for disclosure as to potential inmate witnesses, despite the fact that the defendant was incarcerated in segregation.
cited Cited as authority (rule) United States v. Storey
D. Kan. · 1997 · confidence medium
In United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981), the trial court denied the defendant’s motion for pretrial disclosure of the identities of the government’s inmate witnesses.
discussed Cited as authority (rule) United States v. Eugene Mervin Sides
10th Cir. · 1991 · confidence medium
In United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir.1981), we noted this circuit has not adopted a requirement that trial courts make explicit findings in determining the admissibility of prior convictions.
discussed Cited as authority (rule) United States v. Graham Lee Kendall
10th Cir. · 1985 · confidence medium
See Weatherford, 429 U.S. at 559 , 97 S.Ct. at 846 ; United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981); United States v. Pennick, 500 F.2d 184, 186 (10th Cir.), cert. denied, 419 U.S. 1051 , 95 S.Ct. 629 , 42 L.Ed.2d 647 (1974); United States v. Baca, 494 F.2d 424, 427 (10th Cir.1974).
discussed Cited as authority (rule) United States v. Joseph James Owens
10th Cir. · 1983 · confidence medium
We held in United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir.1981), that where a trial court engages in weighing the probative value against the prejudice involved in allowing the Government to cross-examine inmate-witnesses about their prior criminal convictions, and ultimately decides in favor of such cross-examination, there is no abuse of discretion.
discussed Cited as authority (rule) United States v. Higgs (2×)
3rd Cir. · 1983 · confidence medium
See Roviaro v. United States, 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed.2d 639 (1957); United States v. Ward, 703 F.2d 1058, 1062 (8th Cir.1983); United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981).
discussed Cited as authority (rule) United States v. Walter M. Higgs Adrienne Smith Freeman Barnhill John D. Kemp A/K/A Tomi Ivory Cornell Toler A/K/A Mad Dog Danny Carter John Davis A/K/A Twenty Benjamin Upshaw, and United States of America v. Funn, Billy (2×)
3rd Cir. · 1983 · confidence medium
See Roviaro v. United States, 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed.2d 639 (1957); United States v. Ward, 703 F.2d 1058, 1062 (8th Cir.1983); United States v. Rosales, 680 F.2d 1304, 1305 (10th Cir.1981).
examined Cited as authority (rule) United States v. Michael A. Lipscomb (6×)
D.C. Cir. · 1983 · confidence medium
See, e.g., Jackson, 627 F.2d at 1210 n. 28 (manslaughter conviction; defendant had shot his wife and "the man who was with his wife at the time"); United States v. Rosales, 680 F.2d 1304, 1307 (10th Cir.1981) (defense witnesses were serving substantial prison terms, hence would have "some motivation to testify falsely in a dispute with prison guards"); United States v. Jones, 647 F.2d 696, 700 (6th Cir.) (prior crime was committed when defendant was only 20 years old), cert. denied, 454 U.S. 898 , 102 S.Ct. 399 , 70 L.Ed.2d 214 (1981); United States v. Hayes, 553 F.2d 824, 828 (2d Cir.) (defen…
discussed Cited "see" United States v. Agostini
S.D.N.Y. · 2003 · signal: see · confidence high
See United States v. Rosales, 680 F.2d 1304, 1306-07 (10th Cir.1981) (noting that illegal possession of a firearm is “not normally suggestive of] the special probative value on the issue of credibility contemplated by Fed.R.Evid. 609(a)(1)”).
discussed Cited "see" Lewis v. Velez
unknown court · 1993 · signal: see · confidence high
See United States v. Rosales, 680 F.2d 1304, 1306-07 (10th Cir.1981) (excluding convictions for forgery, burglary, conspiracy, illegal possession of a firearm, and violation of narcotics laws as “not normally suggestive of] the special probative value on the issue of credibility contemplated by Fed.R.Evid. 609(a)(1)”); Furtado v. Bishop, 604 F.2d 80, 93-94 (1st Cir.1979) (convictions for armed robbery, burning a building, and assault and battery “not particularly probative of credibility”), cert. denied, 444 U.S. 1035 , 100 S.Ct. 710 , 62 L.Ed.2d 672 (1980).
cited Cited "see" Theus v. State
Tex. Crim. App. · 1992 · signal: see · confidence high
See United States v. Rosales, 680 F.2d 1304, 1306 (10th Cir.1981); United States v. Thompson, 612 F.2d 233, 234 (6th Cir.1979).
discussed Cited "see, e.g." United States v. Holland
D.D.C. · 2014 · signal: see, e.g. · confidence low
See, e.g., United States v. Rosales, 680 F.2d 1304 , 1306–07 (10th Cir. 1981) (excluding convictions for forgery, burglary, conspiracy, illegal possession of a firearm, and violation of narcotics laws as “not normally suggest[ive of] the special probative value on the issue of credibility contemplated by Fed.
discussed Cited "see, e.g." United States v. Holland
D.C. Cir. · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. Rosales, 680 F.2d 1304, 1306-07 (10th Cir.1981) (excluding convictions for forgery, burglary, conspiracy, illegal possession of a firearm, and violation of narcotics laws as “not normally suggestive of] the special probative value on the issue of credibility contemplated by Fed.
discussed Cited "see, e.g." United States v. Grove
D. Utah · 1994 · signal: see also · confidence low
See also United States v. Rosales, 680 F.2d 1304 (10th Cir.1981) (in prison assault prosecution admission of prisoner witness convictions proper); United States v. Halbert, 668 F.2d 489 (10th Cir.1982) (in armed robbery prosecution aggravated robbery conviction could be used to impeach).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alcario Estrada ROSALES, Defendant-Appellant
79-1489.
Court of Appeals for the Tenth Circuit.
Jan 5, 1981.
680 F.2d 1304
Ruben Jorge Krisztal, Kansas City, Kan., for defendant-appellant., James P. Buchele, U. S. Atty., and Roger M. Theis, Asst. U. S. Atty., Topeka, Kan., for plaintiff-appellee.
Barrett, Logan, McKAY.
Cited by 30 opinions  |  Published
LOGAN, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 10(e). This[*1305] cause is therefore ordered submitted without oral argument.

Following an altercation at the United States Penitentiary, Leavenworth, Kansas, appellant Alcario Estrada Rosales was charged with two counts of forcibly assaulting and resisting federal officers in violation of 18 U.S.C. § 111 (referencing 18 U.S.C. § 1114). The jury returned guilty verdicts on both counts and Rosales was sentenced to concurrent two-year terms.

Rosales asserts the trial court committed reversible error (1) by refusing to compel the government to reveal the names of prosecution witnesses prior to trial; (2) by denying a motion for mistrial based on jur- or misconduct; (3) by improperly admitting into evidence the felony convictions of the defense witnesses; and (4) by overruling Rosales’ motions for acquittal based upon insufficiency of the evidence.

The facts surrounding the incident are in considerable dispute. The prosecution’s version, introduced as eyewitness testimony by a number of prison officials, was that Rosales, a prisoner in the penitentiary, was caught drinking home brew and taken by officers to the administration segregation building. Upon arrival at segregation, Rosales refused to submit to a routine strip search. Rosales then threatened and took a swing at Officer Hyde. When officers sought to restrain and handcuff Rosales, Rosales bit Hyde severely on the wrist. The officers subdued and handcuffed Rosales. As they began to escort him to his cell, Rosales renewed his assault — in the form of kicking, spitting, and swearing— and took a second bite, this time of Officer Gerth’s upper arm. While the officers were subduing him and applying leg irons, Rosales fell and suffered a laceration of his forehead.

Rosales’ version, presented through his own testimony and that of other inmates, was that Rosales had not initiated the violence but instead was acting in self-defense, and that the second biting occurred in order to release a choke-hold by Officer Gerth.

I

On appeal Rosales first contends that the trial court erred in failing to order disclosure of the identity of government witnesses. Rosales admits that a defendant cannot obtain the witness list as a matter of right, see United States v. Pennick, 500 F.2d 184 (10th Cir.), cert. denied, 419 U.S. 1051, 95 S.Ct. 629, 42 L.Ed.2d 647 (1974); United States v. Baca, 494 F.2d 424 (10th Cir. 1974), but contends the trial court abused its discretion in refusing to compel the disclosure.

The court granted Rosales’ motion for disclosure as to potential prison guard witnesses, but denied it as to others, declaring that “we all understand why that might be necessary in a penitentiary because of the possible coercion against the witnesses in that regard.” (R. 11-18). Rosales argues this conclusion was ill-founded in view of his incarceration in segregation during trial, and additionally asserts that his preparation for trial was hampered by this nondisclosure.

We find no abuse of the trial judge’s discretion. Concern for the safety of the witnesses was reasonable in view of their presence in a maximum security prison. See United States v. Clardy, 540 F.2d 439 (9th Cir.), cert. denied, 429 U.S. 963, 97 S.Ct. 391, 50 L.Ed.2d 331 (1976). Rosales’ confinement in segregation would not guarantee the safety of the witnesses because he was still able to communicate with other prisoners. We also note the record fails to demonstrate any surprise on defendant’s part regarding the testimony of the witnesses. Rosales was provided files and background material on the principal witnesses for the prosecution, the guards involved in the incident. Rosales never asked for a continuance because of a witness’ testimony. These factors suggest that defendant was not prejudiced by the denial of disclosure. See United States v. Sclamo, 578 F.2d 888, 890 (1st Cir. 1978); United States v. Krohn, 558 F.2d 390, 394 (8th Cir.), cert. denied, 434 U.S. 868, 98 S.Ct. 207, 54 L.Ed.2d 145 (1977); United States v. Pennick, 500 F.2d at 187. We find no abuse of the trial judge’s discretion.

[*1306] II

During the course of the trial, one juror visited the offices of the Federal Bureau of Investigation to see an agent he knew and was told by this agent in passing that he should find all the defendants guilty. The juror immediately reported the incident to the judge and stated that he told no other juror of the remark. Out of caution, the trial judge replaced this juror with an alternate. Rosales contends the FBI agent may have tainted other jurors and, thus, the refusal of the court to grant a mistrial or at least voir dire requires reversal. We do not agree.

There was no evidence to suggest that any juror other than the one dismissed heard any prejudicial statement. The question of whether to voir dire the jury was a matter for the trial court’s discretion and will not be disturbed in the absence of clear abuse. United States v. Crawford, 444 F.2d 1404, 1405 (10th Cir.), cert. denied, 404 U.S. 855, 92 S.Ct. 98, 30 L.Ed.2d 95 (1971). There is nothing to indicate that any other juror heard prejudicial comments. The prejudicial remark was made to a single juror in the FBI agent’s office, and the juror declared that he told no one of the remark. The decision not to question the jurors as to this prejudicial remark actually may have prevented harm and was clearly not an abuse of the trial judge’s discretion. See United States v. Corbin, 590 F.2d 398, 401 (1st Cir. 1979).

III

Rosales asserts that the trial court abused its discretion by admitting into evidence the criminal records of witnesses for the defense. Fed.R.Evid. 609(a)(1) provides, in this context, that evidence of crimes not involving dishonesty may be admitted if the trial court finds that its probative value on the issue of credibility outweighs its prejudicial effect to the defendant. See United States v. Lamb, 575 F.2d 1310 (10th Cir.), cert. denied, 439 U.S. 854, 99 S.Ct. 165, 58 L.Ed.2d 160 (1978). In denying a pretrial motion to prohibit introduction of the criminal records of defense witnesses, the trial court reserved the question for individual determinations as to each witness.

Rosales urges that we should require a new trial because the trial court did not hold a hearing on the record on the issue of admitting the prior convictions, and did not make explicit findings as to each witness, citing United States v. Mahone, 537 F.2d 922, 929 (7th Cir.), cert. denied, 429 U.S. 1025, 97 S.Ct. 646, 50 L.Ed.2d 627 (1976). That court urged trial judges to utilize that procedure to preserve an adequate record for appellate review. This Circuit has not adopted such a procedure as a requirement.

Rosales specifically objected to the introduction of the records of defense witnesses Saffold and Moreno. Saffold’s convictions included forgery and burglary; Moreno was convicted of conspiracy, illegal possession of a firearm, and violation of narcotics laws. The inmates were, of course, still serving time for the crimes. The court explicitly found as to Saffold, who testified prior to Moreno, that the probative value of the record of the convictions outweighed any prejudicial effect. (R. HI-770). Concerning Moreno’s record, defendant made a very general objection (“For the record, I’ll make the same objection”), and the trial court merely stated that the objection was overruled. (R. III — 812). There were no other specific objections to the introduction of criminal records of inmate witnesses. Even if we consider the pretrial motion as carrying over, so that no specific objection was required at the time the witnesses testified, we find no prejudicial error. We believe the proper inference is that here also the judge weighed the probative value against the prejudicial effect, the circumstances surrounding the testimony of each witness being quite similar.

The inmates’ testimony directly contradicted that of the guards. Thus, evidence concerning credibility was highly pertinent to the case. See United States v. Lamb, 575 F.2d at 1314. These kinds of convictions would not normally suggest the special probative value on the issue of credibility contemplated by Fed.R.Evid. 609(a)(1).[*1307] The fact that the witnesses were serving substantial prison terms would give them some motivation to testify falsely in a dispute with prison guards. This fact lends probative weight to the convictions and also diminishes the otherwise likely prejudice of the admission of the prior convictions. Knowledge of these convictions added little to what the jurors already knew about the witnesses’ incarceration in the federal prison. Thus, we hold the court did not abuse its discretion in admitting evidence of the convictions.

IV

We also find no merit in Rosales’ contention that there was insufficient evidence to support the jury’s verdict. United States v. Yates, 470 F.2d 968, 970 (10th Cir. 1972), sets forth the standard for review: “Evidence, both direct and circumstantial, together with the reasonable inferences drawn therefrom, is sufficient if, when taken in the light most favorable to the government, the fact finder may find the defendant guilty beyond a reasonable doubt.”

The government presented a number of witnesses who swore that Rosales initiated the altercation, bit two officers, and was met only with the force necessary to subdue him. Defendant’s witnesses testified to the contrary, but they were apparently disbelieved by the jury. It is not within our power to upset the jury’s verdict in these circumstances.

AFFIRMED.