United States v. Isaac Bookie and Fred Petrucci

SCHNACKENBERG, Circuit Judge

(concurring).

Defendants called officer Sims as their own witness, at which time they asked *136the court to require government’s counsel to produce for their examination Sims’ report to his commanding officer. Their motion being denied, they charge that the court’s ruling thereon was error. Sims then being their own witness, defendants had no right to impeach him. No other legitimate purpose for their examination of the document has been suggested. Hence, no error was committed by the court in refusing to require its production.