United States v. George Steven Mayes
Opinion
Opinion
Pregerson, J.
Appellant George S. Mayes, a serviceman at the Camp Pendleton Marine Corps Base, Oceanside, California, appeals his conviction on one count of involuntary manslaughter under 18 U.S.C. § 1111 for the asphyxiation death of his ten-month-old daughter. Mayes contends that the trial court improperly denied his motion to suppress evidence that he asserts was seized pursuant to an illegal warrantless search of his on-base apartment. The trial court found 1) that exigent circumstances justified the search; 2) that the search conducted by a navy corpsman was a private, non-governmental search, and therefore not subject to the warrant requirement; and 3) that Mayes, who was about to vacate a virtually empty apartment, no longer had any reasonable expectation of privacy in the dwelling unit.
Additionally, Mayes charges that his indictment should have been dismissed because an expert medical witness on child abuse examined secret grand jury materials prior to testifying before the grand jury, and because less than twelve grand jurors heard all the evidence presented during six separate grand jury proceedings. Appellate jurisdiction is based on 28 U.S.C. § 1291 . We affirm.