United States v. Curtis Ray Michaelson

On this appeal from conviction for bank robbery in violation of 18 U.S.C. §§ 2113 (a) and 2113(b), the appellant does not contest the sufficiency of the evidence to support the jury’s verdict since seven witnesses testified to the bank robbery and appellant’s participation therein.

He does object to the introduction of evidence indicating that he was in possession of large amounts of money after the date of the robbery. The basis for this objection is that there was not a sufficient showing that he was impecunious prior to the robbery. The prosecution proved that Michaelson had a very limited income prior to the robbery, and the jury was free to disbelieve Michaelson’s allegation that he derived substantial income from a business in Mexico which he admitted had no name and kept no records. The foundation evidence was ample. Sidders v. United States, 381 F.2d 513 (9th Cir. 1967). Therefore, the admission of the challenged evidence was well within the rule in this circuit that evidence of sudden affluence is relevant to prove a crime for which pecuniary gain is the motive. Lyda v. United States, 321 F.2d 788 (9th Cir. 1963).

We cannot accept appellant’s other contention that it…