United States v. W. Owen Devaughn, AKA William Devaughn

DeVaughn appeals from his conviction in a jury trial of possessing $800,000 in counterfeit Federal Reserve notes and of uttering a $20 counterfeit note in violation of 18 U.S.C. § 472 . We affirm.

In January, 1975 a felony complaint was filed against DeVaughn, but was dismissed during the same month. It is not clear what the complaint charged, but we assume it had some relationship to counterfeiting. Richard E. Woodring, who made the counterfeit notes involved in the instant case, was separately prosecuted and convicted of printing counterfeit notes. In June, 1975 after Woodring had been convicted, he agreed with United States Secret Service agents to make a tape-recorded telephone call to DeVaughn. The recording was played to the jury at DeVaughn’s trial.

Appellant contends that incriminating statements he made in the recorded call should have been suppressed. He argues that, since the Government was continuing to investigate him after the complaint against him was dropped, Massiah v. United States, 377 U.S. 201 , 84 S.Ct. 1199 , 12 L.Ed.2d 246 (1964), applied and he should have been warned of his right to counsel prior to the recorded telephone call. We…