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United States v. Monteleone

United States Court of Appeals for the Eighth Circuit
77 F.3d 1086 (8th Cir. 1996)


Salvatore Monteleone (defendant) bought a gun that did not work well. He left the gun with Arlie Brown, his half brother, a career criminal, to get the gun fixed, but Brown instead offered to sell it to an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent. Monteleone was charged with disposing a firearm to a convicted felon. At trial, Albert Lowe, one of Monteleone’s coworkers, testified that Monteleone had a good reputation within the community for truthfulness and lawfulness. In response to this, the prosecution asked Lowe, over Monteleone’s objection, if he knew that Monteleone had lied under oath to a federal grand jury. The jury convicted Monteleone. He appealed on the grounds of the prosecutions questioning about his perjury.

Rule of Law

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Holding and Reasoning (Gibson, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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