United States v. Burdette George Winn

Winn appeals his conviction for making a false statement in his application for a passport in violation of 18 U.S.C. § 1542 . We affirm.

I. Facts and Proceedings Below

Appellant applied for a passport at a post office branch in the name of Floyd Porter Bailey. The postal clerk observed that he left twice in order to secure the required photographs and fee, and that he crossed out the social security number he had entered on the application when he discovered it was not required. After the clerk administered the oath of truthfulness, she attached a note to the application describing appellant’s suspicious behavior. Appellant’s fingerprint on the application matched the fingerprint on a California driver’s license issued to Floyd Porter Bailey, and Floyd Porter Bailey was in fact the name of a deceased person. The signatures on the driver’s license, the passport application, and the photographs attached to the application were all written by appellant.

After his indictment, the court appointed counsel for appellant and a psychiatrist to examine him. He was found competent at a later hearing, and substitution of counsel was approved. The jury found appellant guilty as charged. He…