United States v. Kenneth Eiland

CLARK, Chief Judge:

Kenneth Eiland appeals his jury conviction for knowingly receiving stolen money belonging to the United States government. We reverse because the trial judge refused the defendant’s request to instruct the jury on his failure to testify.

I

In 1981 and 1982 Paul David Young, an inmate of the Texas Department of Corrections (TDC), prepared and signed approximately fifty income tax returns in the names of other prisoners, including two in Kenneth Eiland’s name. Young had attended a tax preparation school and possessed employer identification numbers for about fifteen companies…