United States v. Glenn L. Sikora

635 F.2d 1175

Opinions

ORDER

On receipt and consideration of an appeal in the above-styled case and after consideration of the briefs, record and oral arguments; and

Finding from this record no legal or constitutional basis for appellant’s contention that certain incriminating physical and oral evidence should have been suppressed, since appellant at the times concerned was neither in custody (see Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964)), nor had adversary proceedings been started against him (see Massiah v. United States, 311 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964), and Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232, 51 L.Ed.2d 423 (1977)); and

Further finding no abuse of discretion in the District Judge’s admission of an otherwise admissible tape recording on the grounds that portions thereof were inaudible; and

Further finding no violation of Rule 11(e)(6) of the Federal Rules of Criminal Procedure, there having been no plea of guilty tendered by appellant, no proposal of such a plea made by the United States, and no proposal to negotiate such a plea made by appellant Sikora; and

Further finding, if the comments made by appellant could be construed as plea negotiations, that the admission of these comments in this trial could be nothing other than harmless error when considered against the totality of the clearly admissible evidence,

Now, therefore, the judgment of conviction is hereby affirmed.