United States v. James Hall Fendley

With deference, I must dissent. I think that admission into evidence of Exhibit 9 — 108, the computer printout, was reversible error.

The printout lists 139 agents and for each shows, among other data, what was identified as the current balance owed by him to the company. These are subtotalled for 14 agencies and totalled for the Fendley division (in the amount of $179,084.41).

The majority acknowledge that the requirements of the Business Records Act, 28 U.S.C. § 1732, were not met, but hold that the failure is to be overlooked because the defendant’s objection was not sufficient.1

While the…