United States v. Neil Russell Seymour

Appellant was indicted, tried, and convicted in a jury trial on thirteen counts of mail fraud, 18 U.S.C. § 1341 and seven counts of interstate travel fraud, 18 U.S.C. § 2314 . Two counts of the twenty-two count indictment were dismissed at the commencement of the trial. Appellant was committed to the custody of The Attorney General of the United States, or his authorized representative, under 18 U.S.C. § 4082 (a) for a term of five years under each count, the sentences to run concurrently. We affirm.

BACKGROUND

Appellant was the founder, president of, and active promoter of the business activities of Trans-World Leasing Corporation [Trans-World], an organization created in mid-September, 1972, for the express purpose of engaging in the business of equipment leasing. Its main office and center of activity was in San Francisco, where appellant resided. During the years 1972 and 1973, Trans-World, for a fixed price of $7,500.00 each, sold exclusive franchises in certain defined territories. The franchise *1346 granted the purchaser the exclusive right to sell equipment leases in the territory. Under the franchises, the leases would be submitted to Trans-World which would, in turn,…

concurring:

I join in the opinion of the court, but I add these comments concerning the majority’s discussion of the discovery order involved in this case.

Rule 16 of the Federal Rules of Criminal Procedure provides for certain pretrial discovery by the government and the defendant. Rule 12 of the Federal Rules of Criminal Procedure also provides for discovery and disclosure of certain information in the event the defendant intends to offer the defense of alibi. The discovery order here involved required the defendant to supply information beyond the provisions of Rules 16 and 12.1.

The prosecution complied with the order for discovery; but, as the majority points out, the defendant, for all practical purposes, ignored it. Furthermore, the defendant did not object to the order, nor has he shown any prejudice suffered because of his minimal compliance with the order. I also agree that the mere entry of the order, together with the defendant’s minimal compliance, was harmless error beyond a reasonable doubt.

However, I am concerned about the statement of the majority that the evidence against the defendant was so overwhelming that any constitutional error would be harmless…

576 F.2d 1345 UNITED STATES of America, Appellee, v. Neil Russell SEYMOUR, Appellant. No. 77-1135. United States Court of Appeals, Ninth Circuit. April 25, 1978. Rehearing Denied May 25, 1978. Charles M. Dresow, San Francisco, Cal., for appellant. Robert D. Ward, San Francisco, Cal., for appellee. Appeal from the United States District Court for the Northern District of California. Before KILKENNY and HUG, Circuit Judges, and MURRAY, District Judge. * KILKENNY, Circuit Judge: 1 Appellant was indicted, tried, and convicted in a jury trial on thirteen counts of mail fraud, 18 U.S.C. § 1341 and seven counts of interstate travel fraud, 18 U.S.C. § 2314 . Two counts of the twenty-two count indictment were dismissed at the commencement of the trial. Appellant was committed to the custody of The Attorney General of the United States, or his authorized representative, under 18 U.S.C. § 4082 (a) for a term of five years under each count, the sentences to run concurrently. We affirm. BACKGROUND 2 Appellant was the founder, president of, and active promoter of the business activities of Trans-World Leasing Corporation (Trans-World), an organization created in mid-September,…