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UNITED STATES v. FRANKLIN

No. 81-1343.

704 F.2d 1183 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Paul FRANKLIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 12, 1983.

Attorney(s) appearing for the Case

Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., with her on the brief), for defendant-appellant.

Irving Gornstein, Atty., Washington, D.C. (Wm. Bradford Reynolds, Asst. Atty. Gen., Walter W. Barnett and Harold Levy, Attys., Dept. of Justice, Washington, D.C., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS, LOGAN and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Joseph Paul Franklin was convicted by a jury of two counts of violating 18 U.S.C. § 245(b)(2)(B) (1976)1 by shooting and killing two black men who had been using a public facility. On appeal, Franklin contends that: (1) the district court erred in admitting evidence of a prior act under Fed.R.Evid. 404(b); (2) the court admitted certain testimony in violation of his Fifth and Sixth Amendment rights; (3) the...

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