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U.S. v. DEPEW

No. 90-5667.

932 F.2d 324 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Thomas DEPEW, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1991.

As Amended June 3, 1991.

Attorney(s) appearing for the Case

James M. Lowe, Alexandria, Va., for defendant-appellant.

Geoffrey Robert Brigham, Crim. Div., U.S. Dept. of Justice, Washington, D.C., argued (Henry E. Hudson, U.S. Atty., Michael R. Smythers, Asst. U.S. Atty., W. Neil Hammerstrom, Jr., Asst. U.S. Atty., Alexandria, Va., for plaintiff-appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and COPENHAVER, United States District Judge for the Southern District of West Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

Following a jury trial, Daniel DePew was convicted of conspiracy to kidnap in violation of 18 U.S.C. § 1201(c) and conspiracy to exploit a minor in a sexually explicit film in violation of 18 U.S.C. § 371 and § 2251(a). He was sentenced to 400 months imprisonment. He now appeals claiming error because (1) there was no proof of a conspiracy; (2) his statement to an FBI agent should have been suppressed; (3) wiretap evidence should...

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