United States v. Christopher John Boyce

Good Law
594 F.2d 1246
United States Court of Appeals for the Ninth CircuitMay 2, 197977-3336California2,983 words

Opinion

Opinion

Hufstedler, J.

Boyce appeals from his conviction for multiple offenses growing out of a conspiracy to sell to the Union of Soviet Socialist Republics information classified as top secret by the United States Central Intelligence Agency (“CIA”). Boyce contends that (1) his confession and evidence found during a search of his home should have been suppressed because both were the fruit of an invalid arrest warrant, (2) his confession should have been excluded because it was obtained in violation of his Miranda rights, (3) the evidence was insufficient to sustain his conviction for violating 18 U.S.C. § 798 because the information that he transmitted to the Russians was improperly classified, (4) the evidence was insufficient to convict him for violating 18 U.S.C. § 641 because the statute is inapplicable to misappropriation of the Government’s intangible interests in the documents that were photographed, (5) the filmstrips were improperly admitted because the Government failed to establish a proper chain of custody, (6) the district court improperly denied him discovery, and (7) the district court erred in refusing to sentence him under the Federal Youth Corrections Act.

In 1974, Boyce was…

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