United States v. Thomas Tierney, Patrick Tierney

This is an appeal by two of three defendants from judgments of conviction- — Patrick Tierney on Count Three of a multi-count indictment, and Thomas Tierney on Counts Three, Seven and Eight. All defendants were charged with using the mails to promote the sale of military surplus equipment, knowing the representations made were false.

The co-defendant Shea has heretofore been convicted in the same trial, and his conviction affirmed by this Court, acting through a different panel, on a separate appeal.

Errors urged on this appeal are four in number:

One, an inadequate transcript requires reversal; two, a failure to grant a mistrial, based on denial of adequate counsel; three, that the admission of Shea’s “confession” violated the Tierneys’ right of cross-examination secured by the confrontation clause, under Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968); four, the failure to suppress evidence seized in Brazil and delivered to United States authorities.

As to the first alleged error, we are satisfied that the trial court has settled the transcript of proceedings in an adequate manner, and as well as is possible under the circumstances existing…