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United States v. Wynn

United States v. Wynn

United States Court of Appeals for the Sixth Circuit

January 28, 1993, Argued ; February 26, 1993, Decided ; February 26, 1993, Filed

No. 92-5584

Opinion

 [*355]  BOYCE F. MARTIN, JR., Circuit Judge.

Jimmie Arvey Wynn appeals his conviction, following a jury trial, of five counts of causing Charles Hensley to use an interstate facility to solicit murder, in violation of 18 U.S.C. § 1958. We affirm Wynn's conviction, but remand his case for resentencing.

On November 20, 1991, Jimmy Arvey Wynn was indicted by a grand jury on five counts of violating 18 U.S.C. § 1958. That statute prohibits the use, or causing the use, of an interstate facility to solicit murder, with money as consideration. The indictment charged Wynn with the federal offense of causing Charles Hensley to use a telephone to solicit the murder of Wynn's ex-wife, Helen Shaw, in violation of the laws of Tennessee, as consideration for money payment. Wynn was convicted by a jury on each of the counts in the indictment.

Prior to the United States' presentation of  [**2]  its evidence, Wynn objected to the introduction of testimony under Fed. R. Evid. 404(b) concerning his prior bad acts. The district court overruled Wynn's objection, to the extent that evidence which showed motive, intent, or design on Wynn's part would be admissible.

Helen Shaw was the United States' first witness, and it was her testimony that Wynn had tried to have excluded. Shaw testified that she was divorced from Wynn in 1986. Following the divorce, she was hospitalized for injuries received in an automobile accident. She testified that Wynn threatened her life and came to the hospital to smother her and that she went to Texas following the divorce. Shaw testified that Wynn followed her to Texas and forced her at gunpoint to go to a hotel where Wynn showed her a briefcase with what appeared to be a bomb and threatened to blow her up. Shaw also testified that Wynn tried to force her into a car at gunpoint in Etowah, Tennessee. Shaw testified that Wynn had been tried for these offenses but had been acquitted. 1 In addition, Shaw testified that Wynn threatened her life following his earlier trial.

 [**3]  According to Charles Hensley, Wynn's co-conspirator, Wynn prompted Hensley to solicit the murder of Helen Shaw. Hensley testified that Wynn gave information about Shaw to Hensley, was present on several occasions while Hensley arranged by telephone for her murder, and agreed to pay for her murder.

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987 F.2d 354 *; 1993 U.S. App. LEXIS 3125 **; 38 Fed. R. Evid. Serv. (Callaghan) 179

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JIMMIE A. WYNN, Defendant-Appellant.

Subsequent History:  [**1]  Rehearing Denied May 10, 1993, Reported at: 1993 U.S. App. LEXIS 11410.

Prior History: On Appeal from the United States District Court for the Eastern District of Tennessee. District No. 91-00133. James H. Jarvis, District Judge.

Disposition: Wynn's conviction is affirmed, and this case is remanded to the district court for resentencing.

CORE TERMS

murder, district court, solicit, phone call, violates, notice, prior bad act, prejudicial, arranged

Evidence, Relevance, Exclusion of Relevant Evidence, Confusion, Prejudice & Waste of Time, Admissibility, Conduct Evidence, Prior Acts, Crimes & Wrongs, Criminal Law & Procedure, Standards of Review, Abuse of Discretion, General Overview, Trials, Burdens of Proof, Prosecution, Proof Beyond Reasonable Doubt, Defendant's Rights, Right to Due Process, Appeals, Plain Error, Jury Instructions, Particular Instructions, Use of Particular Evidence, Homicide, Manslaughter & Murder, Solicitation of Murder, Elements, Penalties, Inchoate Crimes, Solicitation, Extortion, Hobbs Act