United States v. Terry Lee Rhodes, and Charles Dudley

This case involves two appeals from criminal convictions for conspiracy and possession of stolen mail in violation of 18 U.S.C. §§ 371 and 1708 (1976) respectively. We have jurisdiction under 28 U.S.C. §§ 1291 and 1294. Defendants-Appellants Charles Dudley and Terry Rhodes timely filed their Notices of Appeal on March 30, 1982. On the basis of the record and the applicable case law it is our conclusion that the convictions must be affirmed.

FACTUAL BACKGROUND

On November 12, 1981, a federal grand jury indicted defendants Charles Dudley and Terry Rhodes along with seventeen other individuals for participating in a conspiracy to possess and distribute numerous checks which had been stolen from the mail in violation of 18 U.S.C. § 371 (1976). The indictment also charged Dudley with possession of stolen mail in violation of 18 U.S.C. § 1708 (1976). Dudley and Rhodes were arraigned before the Honorable Mariana R. Pfaelzer on November 23, 1981, and entered pleas of not guilty to the indictment.

On January 20,1982, a federal grand jury returned superseding indictments against Dudley and Rhodes and the remaining defendants who had not pleaded guilty. The case was transferred to the…