United States v. Richard Dennis Kandik
Opinion
Opinion
Jameson, J.
Kandik was convicted on four counts of counterfeiting. Two related issues are raised on appeal: (1) whether Kandik is entitled to a hearing to enable him to show that certain testimony at trial was tainted by an illegal search and therefore used in violation of the court’s suppression order; and (2) whether Kandik in fact met his burden of showing that the live testimony was tainted. We affirm.
From April to July, 1978, Kandik conspired with Alvin Taber and Michael Norman to print counterfeit money. Kandik lived in Taber’s guest house. In June, 1978, Kandik and Taber equipped the house for printing counterfeit currency. In July Kandik took a week off from his job to print the money.
A year later federal investigators arrested Norman, who negotiated a plea agreement with prosecutors. Taber also cooperated with the investigation in exchange for leniency. During a meeting with the prosecutor and Secret Service investigators, Ta-ber related a conversation with Kandik, in which Kandik had said that he planned to burn the counterfeiting plates and other material at his cabin on Mount Lemon. Later he reported to Taber that he had done so.