United States v. Lance Louis Smith

Lance Louis Smith appeals from a judgment of conviction of conspiracy to violate the civil rights of one Eggers in violation of 18 U.S.C. § 241 . We affirm.

I. Facts.

Smith, Bailey, his co-defendant, and one Namahoe, an unindicted co-conspirator, conspired to murder Eggers to prevent Eggers from acting as an informer and testifying in a federal criminal case. On March 13, 1979, Smith, Bailey, Eggers and two others were arrested in San Francisco for burglary of a post office. Eggers became an informant in that case and was given immunity from prosecution in return for his testimony. However, the fact that Eggers was an informant was not disclosed until April 5, 1979. Meanwhile, Bailey and Namahoe were in jail in Idaho and Bailey recruited Namahoe to kill Eggers, whom Bailey suspected of being an informant. He offered to bail Namahoe out of jail and to pay him ten thousand dollars to do the job. On March 24, 1979, Bailey and his wife put up Namahoe’s bail and took Namahoe to stay with them in Boise. Bailey bought Nama-hoe mace and gloves and a car and the two of them procured a lead pipe. Bailey also provided Namahoe with five hundred dollars and a note containing several…