United States v. Davis

A service station on a depot of the United States Navy was burglarized. The Federal Bureau of Investigation (FBI) investigated the incident, focusing on Curt Gustafson, a marine stationed at another depot. A special FBI agent interviewed Ricky Davis (defendant), who was a fellow marine and acquaintance of Gustafson. Davis denied knowing whether Gustafson was involved in the burglary. At Davis’s second FBI interview, the agent prepared a written statement based on his notes of the interview, which he read aloud to Davis and which Davis signed as true and correct. The statement indicated that Gustafson told Davis that he had broken into the gas station and that he subsequently pointed out the area where he had dumped the safe taken from the burglary. Thereafter, Davis appeared before the grand jury and, under oath, denied both that he had any knowledge as to who had robbed the gas station and that the marine had indicated to him that he had committed the burglary. Davis was charged with perjury in violation of 18 U.S.C. § 1621. At trial, the FBI agent who interviewed Davis testified that Davis had told him that Gustafson had admitted that he had been involved in the burglary. The statement prepared by the agent and signed by Davis was introduced into evidence to corroborate the agent’s testimony. Davis took the stand and denied having told the agent anything about Gustafson’s involvement. Davis testified that the agent read a statement to him but that it was not the statement introduced at trial and he only glanced at parts of the statement he signed. Davis was convicted and argued on appeal that it was error to permit the government to use his signed statement to satisfy the corroboration requirement of the two-witness rule.