United States v. Leo Crutchfield

Leo Crutchfield (Appellant) appeals his judgment of conviction and sentence on one count of violating 18 U.S.C. § 201 (b)(1). We note jurisdiction under 28 U.S.C. § 1291 and reverse.

THE CASE

On March 7, 1974, Appellant and two others were named in a seventeen count indictment alleging violations of federal bribery and conspiracy statutes. Appellant was named in the conspiracy count and six of the substantive counts.

Appellant’s case was severed from that of his co-defendants, and prior to trial, the Government dismissed the conspiracy count and two of the six bribery counts.

After a three day jury trial, Appellant was found guilty on one count of giving a $1,500 bribe to an agent of the Internal Revenue Service and was acquitted on the three remaining bribery counts.

ISSUE

Appellant primarily urges a single issue on review:

Did the District Court err in refusing to instruct the jury, as requested, on the lesser-included offense of giving a gratuity to a public official?

FACTS

Consideration of this issue necessitates the following review of the facts:

In August, 1972, Internal Revenue Agent Joe Turner was assigned to audit Appellant’s 1971 personal income tax return and…