United States v. Richard B. Sanders

EUGENE A. WRIGHT, Circuit Judge:

Sanders was convicted under 18 U.S.C. § 495 (1976), for uttering a United States Treasury check, knowing that it was falsely endorsed. He appeals, contending: (1) that his second trial was barred by the double jeopardy clause of the Fifth Amendment; (2) that he was denied due process because the district court would neither allow him to call a specific witness nor declare her unavailable so that her prior recorded testimony could be read into the record; and (3) that the court erred in admitting testimony of threats allegedly made by Sanders to a prosecution…