UNITED STATES v. WALLER

No. 78-5002.

581 F.2d 585 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Irvin J. WALLER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 17, 1978.

Rehearing Denied October 9, 1978.


Attorney(s) appearing for the Case

Donald Krosin, Deputy Federal Public Defender, Cleveland, Ohio, for defendant-appellant.

James R. Williams, U. S. Atty., Herbert M. Berkowitz, Asst. U. S. Atty., Cleveland, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and PECK and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

The defendant appeals his three and one-half year sentence for mail fraud. The record reveals that defendant refused to provide police with a sample of his handwriting which the police needed to identify handwriting on various checks, allegedly fraudulently signed by defendant. When the government produced at trial a six year old fingerprint card with the defendant's signature on it, the defendant excused himself temporarily from the courtroom...

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