United States v. Kingston

971 F.2d 481 (1992)

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United States v. Kingston

United States Court of Appeals for the Tenth Circuit
971 F.2d 481 (1992)

SC

Facts

Leo Kingston (defendant) was charged with fraud related to his real estate business, E & S Investments. At trial, the prosecution (plaintiff) introduced testimony of loan-default counselors regarding telephone discussions they had with Kingston about the default of certain of his properties. A loan counselor testified that she called the number she had on file for E & S Investments and left a message on the answering machine. Someone at E & S Investments returned the call and stated that the loan counselor needed to contact Kingston about the defaults. The person gave the loan counselor a number at which she could reach Kingston. The loan counselor called this number, and a man answered and identified himself as Kingston. Kingston stated that he managed the property at issue but did not have an ownership interest. He stated that he would not give the loan counselor any additional information. Kingston was convicted, and he appealed, arguing that the testimony of the loan counselor should not have been admitted because there was not enough evidence to authenticate whether it was actually Kingston on the call.

Rule of Law

Issue

Holding and Reasoning (McKay, C.J.)

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