United States v. Stanley Jerry Piascik

The principal issue on the appeal from the judgment following appellant’s conviction by a jury on a three-count indictment charging (1) the entry of imported merchandise into this country by means of false statements, 18 U.S.C. § 542 ; (2) smuggling, 18 U.S.C. § 545 ; and (3) transporting in interstate or foreign commerce a stolen motor vehicle, 18 U.S.C. § 2312 , pertains to the action of the trial court in allowing the waiver of the reporting of the closing ar guments of counsel allegedly in violation of 28 U.S.C. § 753 (b) .

When the evidence was concluded, and apparently in the presence of the jury , the following colloquy took place.

When the appeal was first rioted the third issue presented was “whether the misconduct of the United States Attorney in closing argument requires reversal.” An order was then entered directing that the closing arguments be transcribed. We were thereafter advised that the recording of the arguments had been waived by both counsel.

No effort was made by appellant’s counsel to comply with Rule 10(c), Federal Rules of Appellate Procedure which obviously indicates that situations may arise where a transcript is unavailable. As a matter of custom…