United States v. Stephen Michael Saniti

Saniti was convicted of bank robbery pursuant to 18 U.S.C. § 2113 (a). We affirm.

Relying upon Hawkins v. United States, 358 U.S. 74 , 79 S.Ct. 136 , 3 L.Ed.2d 125 (1958), Saniti contends that the district court committed reversible error when it compelled his wife to testify against him. Even assuming the legal issue was properly raised in this case, there is a narrow exception to the husband-wife privilege when the marriage is not entered into in good faith. See Lutwak v. United States, 344 U.S. 604 , 73 S.Ct. 481 , 97 L.Ed. 593 (1953); United States v. Mathis, 559 F.2d 294, 298 (5th Cir. 1977). Thus, if it were a sham, the purported marriage could not be used to invoke the privilege. The district judge held an evidentiary hearing on the issue of the validity of the marriage for the purpose of the husband-wife privilege, and concluded that it was indeed a sham. The determination that the marriage was a sham was a finding of fact which cannot be set aside unless it is clearly erroneous. Here it was not. There was adequate evidence to substantiate it.

Saniti next contends that the district court improperly admitted into evidence testimony that he was addicted to heroin at the…