United States v. Darrel Shea
Opinion
Opinion
Appellant, with two others, was indicted, tried and convicted by a jury on ten counts of mail fraud.
ISSUES
As we view the record, we need discuss only the following issues: (1) sufficiency of the evidence; (2) motion to suppress; (3) admissibility of appellant’s oral statement; and (4) adequacy of counsel.
SUFFICIENCY OF EVIDENCE
Without going into detail, we find that there was substantial evidence of appellant’s willful and knowing participation in the fraudulent scheme to use the mails to promote the sale of military surplus equipment imported from Brazil.
MOTION TO SUPPRESS
On October 15, 1967, while in Brazil, appellant was arrested and jailed by Brazilian authorities. On the same day, Patrick Tierney was arrested by the same authorities. Following Tierney’s arrest, Brazilian police searched his room and seized certain material which was later turned over to American officers. At the trial, Shea moved to suppress the material taken from Tierney’s room. On appeal, he claims that the denial of this motion was error.
The action of the trial judge in denying appellant’s motion to suppress can be sustained on two grounds: (1) there is nothing in the record to indicate that…