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UNITED STATES v. SIMS

No. 82-1523.

755 F.2d 1239 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel B. SIMS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1985.

Attorney(s) appearing for the Case

Edward F. Marek, Federal Public Defender, Michael G. Dane, argued, Cleveland, Ohio, for defendant-appellant.

John A. Smietanka, U.S. Atty., Donald Daniels, Martin Palus, argued, Asst. U.S. Attys., Grand Rapids, Mich., for plaintiff-appellee.

Before JONES and CONTIE, Circuit Judges, and JOHNSTONE, District Judge.

NATHANIEL R. JONES, Circuit Judge.

Daniel B. Sims appeals from his convictions after a trial to the bench on thirteen counts of mail fraud in violation of 18 U.S.C. § 1341. This appeal presents the issue of whether an exception to the confidential marital communications privilege should be adopted for confidential spousal communications arising out of joint criminal activity. We find that the district court properly...

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