United States v. James J. Zammiello

Good Law
432 F.2d 72·1970 U.S. App. LEXIS 7258
United States Court of Appeals for the Ninth CircuitSeptember 22, 197024752_1California627 words

Opinion

Opinion

This is an appeal from a conviction on two counts of violation of 18 U.S.C. § 2312 , interstate transportation of a stolen motor vehicle. Appellant acted as his own counsel both at the trial and on this appeal.

Appellant contends that he was improperly identified in court. The United States Attorney requested appellant to stand and he was identified by a Government witness. This was not error. Requiring a defendant to stand in court for the purpose of identification is not a violation of the Fifth Amendment.

Appellant claims error in receiving in evidence a check which the Government had failed to produce in advance of trial pursuant to a pretrial discovery order requiring the production of documents. Government counsel explained that he did not have possession of the check until it was delivered to him in the courtroom ten minutes before it was offered in evidence. In any event, no prejudice was shown, and it was not error to receive the check as an exhibit.

Appellant complains of the procedures when he was taken from the jurisdiction of state authorities in Con-' necticut into federal custody. The record does not disclose any attack on appellant’s arrest or the jurisdiction…

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