Cayetano John Reyes v. United States

Appellant was convicted of bank robbery in violation of 18 U.S.C. § 2113 (a) (1964). He contends that exhibits 1,1-A, and 6 were improperly admitted in evidence. Appellant further contends that if these exhibits had been excluded, the evidence would not be sufficient to sustain his conviction.

Exhibit 1 was a “hold-up” note, hand-printed on a withdrawal slip of the bank, which was left at the teller’s window at the time of the robbery. Exhibit 1-A was a photograph of exhibit 1, and exhibit 6 was an enlarged photograph of the same exhibit.

Appellant’s specifications of error assert that the complete continuity of the chain of custody of these exhibits was not established — i. e., that there was a lack of proper foundation. After examining the record, we conclude that the chain of custody was complete and that the Government was under no obligation to produce as witnesses all persons who may have handled exhibit 1. Cf. Gallego v. United States, 276 F.2d 914 (9th Cir. 1960). Exhibit 1 was unique and readily identifiable,' and the photographic reproductions of exhibit 1 were positively identified by several witnesses. Cf. Burris v. American Chicle Co., 120 F.2d 218 (2d Cir.…