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UNITED STATES v. WELKER

No. 81-1749.

689 F.2d 167 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald William WELKER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1982.

Attorney(s) appearing for the Case

Vicki Mandell-King, Asst. Federal Public Defender, Denver, Colo. (Michael G. Katz, Federal Public Defender, Denver, Colo., with her on the brief), for defendant-appellant.

Robert Gay Guthrie, Asst. U.S. Atty., Denver, Colo. (Robert N. Miller, U.S. Atty., Denver, Colo., with him on the brief), for plaintiff-appellee.

Before McWILLIAMS, LOGAN and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

After trial before a United States magistrate, Ronald William Welker was convicted of obstruction of the mail, a violation of 18 U.S.C. § 1701. His conviction was affirmed by the district court, and Welker appeals. The only issue we consider is whether the evidence used to convict him was obtained as the result of an illegal search and thus should have been suppressed.1 We conclude that the search was illegal...

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