United States v. Terry Lee Smith

BOYCE F. MARTIN, Jr., Circuit Judge.

Terry Lee Smith appeals his jury conviction for conspiracy to rob and aiding and abetting the robbery of a United States postal employee in violation of 18 U.S.C. §§ 2, 371 and 2114. Smith’s main arguments are that the trial judge erred in failing to hold a Jencks Act hearing and in admitting into evidence the taped confession of his brother, Robert Lynn Smith.

Terry Smith is a former employee of the United States Postal Service in Knoxville, Tennessee. In July 1980, he conspired with his brother, Robert, to rob the post office where he worked. Robert was…