UNITED STATES v. BURNEY

No. 72-3786 Summary Calendar.

478 F.2d 856 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Sherman Cameron BURNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 16, 1973.


Attorney(s) appearing for the Case

Farish Carter Tate, Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, U. S. Atty., Gale McKenzie, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


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...

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