UNITED STATES v. COSTELLO

No. 79-1198.

604 F.2d 589 (1979)

UNITED STATES of America, Appellee, v. Robert K. COSTELLO, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1979.


Attorney(s) appearing for the Case

Randall B. Kopf of Fredman, Watkins, Fredman & Kopf, St. Louis, Mo., filed brief for appellant.

Robert D. Kingsland, U. S. Atty., and Georgia Goslee, Asst. U. S. Atty., St. Louis, Mo., filed brief for appellee.

Before LAY, BRIGHT and HENLEY, Circuit Judges.


PER CURIAM.

Robert K. Costello, Sr., a postal employee at the time of the offense, December 14, 1978, was charged and convicted of embezzling mail matter in violation of 18 U.S.C. § 1709. On appeal he claims the district court erred in (1) denying his motion to suppress money taken from a "test letter" seized from him in a search which he claims was unconstitutional and (2) in overruling his motion for acquittal because the Government failed to prove the test...

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