United States v. Leo Spangelet

HINCKS, Circuit Judge.

The defendant appeals after a conviction on counts of smuggling and conspiracy to smuggle.

The major point raised on appeal is the trial court’s refusal to follow the procedure set forth in Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103, when the defendant’s counsel requested to see the grand jury testimony of the major government witness during that witness’s cross-examination. The district judge held that neither Jencks nor the statute enacted by Congress immediately after the Jencks decision, 18 U.S.C.A. § 3500, authorized handing over grand jury…