United States v. Darryl "Monk" Reynolds (84-5697), Sam Gilbert (84-5698)

CORNELIA G. KENNEDY, Circuit Judge.

Sam Gilbert and Darryl Reynolds appeal their jury convictions for two counts of mail fraud and one count of conspiracy to commit mail fraud. They raise four issues: the failure to suppress a videotaped conversation on fifth and sixth amendment grounds; the failure to exclude the tape as unduly prejudicial under Rule 403; the sufficiency of the evidence; and the sufficiency of the indictment. We find no error on the part of the District Court and affirm.

The evidence at trial established that Gilbert had asked a Kentucky State Police informant to arrange for…