United States v. Jaye Wilson

Good Law
614 F.2d 1224·1980 U.S. App. LEXIS 19873
United States Court of Appeals for the Ninth CircuitMarch 6, 198079-1528California2,035 words

Opinion

Opinion

Jameson, J.

Jaye Wilson was convicted on two counts of acquiring controlled substances by means of forged order forms in violation of 21 U.S.C. § 843 (a)(3). Wilson had been subpoenaed to appear before a grand jury. In lieu of appearing before the grand jury she chose to be interviewed by an Assistant United States Attorney and during the interview confessed. She was subsequently indicted and moved to suppress her statements in the interview and to dismiss the indictment. Her 'motion was denied and the case proceeded to trial before the court without a jury. Upon conviction she was given a suspended sentence and placed on probation for three years. We affirm.

Factual Background

In February, 1979, Dr. Rex B. Palmer, a physician and surgeon who employed Wil son as a registered nurse, informed Drug Enforcement Administration (DEA) Agent Flett that orders for narcotics bearing Palmer’s forged signature had been submitted to a local pharmacy and that a section of his order form book was missing. Flett in turn gave this information to Assistant United States Attorney Francis Dis-kin.

On March 1, 1979, Diskin had a subpoena prepared requiring Wilson to appear before the grand jury at 11:00 A.M.…

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