United States V. Bartle

Herbert Bartle appeals from a judgment of the United States District Court for the Western District of Kentucky convicting him of making a false statement in an application for status as a permanent resident to the United States Immigration and Naturalization Service (INS), in violation of 18 U.S.C. § 1546.*fn1 In the appeal, Bartle argues that the government failed to present proof to sustain the charge of the indictment. He also claims that the district court erred in allowing the government to introduce damaging evidence that had not been made available to defense counsel in contravention of a reciprocal discovery order. Finally, Bartle contends that, although the district court was correct during the trial in severing his trial from that of his alleged accomplice Brad Smith because of a perceived problem under Bruton v. United States, 391 U.S. 123, 20 L. Ed. 2d 476, 88 S. Ct. 1620 (1968), the district court committed reversible error in proceeding with his trial when the testimony elicited prior to severance concerned statements allegedly made by Smith - no Bartle. For the following reasons, we affirm the judgment of the district court.