United States v. George Anthony Tanks, Jr.

On this appeal from his conviction in district court for transporting a stolen vehicle in interstate commerce knowing such vehicle to be stolen, in violation of 18 U.S.C. § 2312 , appellant Tanks contests the admissibility of certain evidence.

At trial, FBI agent Wessel was called to testify regarding an interview with the appellant shortly after his arrest. The trial judge held a hearing out of the presence of the jury to determine whether the statements of appellant Tanks to which agent Wessel was to testify had been given voluntarily and intelligently, and at the close of the hearing concluded that they were so given beyond a reasonable doubt. We think that conclusion was amply supported by the uncontradicted evidence that the appellant was advised of his rights and understood them. Appellant’s initial testimony that he had signed the FBI interrogation and advice of rights form because he was told that he had to do so before he could have an attorney was contradicted by his own later testimony. Since we do not find the trial court’s determination to be plainly untenable, we must sustain its conclusion that appellant’s statements were voluntarily given. Moser v. United States,…