United States v. Sherman Cameron Burney

478 F.2d 856, 1973 U.S. App. LEXIS 9917

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 16, 1973
• Docket: 72-3786
• Status: Published

Opinion

PER CURIAM:

Appellant was found guilty by a jury of possession of stolen United States mail matter and uttering a forged United States Treasury check, in violation of 18 U.S.C. §§ 495, 1708. He contends on appeal (1) that an incriminating statement made by him to a special investigator of the United States Post Office while appellant was in custody as a suspect and without benefit of counsel was involuntary and (2) that he did not rationally and freely waive his right to be represented by counsel during this interrogation.

We have carefully examined both of appellant’s contentions in the light of the record and find them to be without merit.

Affirmed.