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United States v. Drake

United States Court of Appeals for the Tenth Circuit
932 F.2d 861 (10th Cir. 1991)


Facts

Drake (defendant) was charged with fraud due to his seeking a loan and allegedly concealing a third party’s security interest on the collateral. He defended himself on the grounds that he had no education in business management, but rather was a psychology major. His claim was that he therefore had no experience in applying for loans and the responsibilities that go with it. At trial, he took the stand and testified that he had a B.A. degree in psychology, but upon further questioning by the prosecution, admitted that he did not have an actual degree, but had completed the necessary hours for the psychology major. The prosecution then continued to ask Drake about his education. Drake had stated that he had credits transferred from one university to another. The prosecution inquired about the records of that first school, asking why the records did not reflect any such transfer of credits and actually stated that Drake was dismissed from the school for falsifying facts in a disciplinary investigation. Drake objected to this line of questioning. The trial court allowed the questioning and convicted Drake. He appealed.

Rule of Law

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Issue

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Holding and Reasoning (Anderson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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