United States v. Nicholas Salvatore Digiacomo

McKAY, Circuit Judge.

Defendant was indicted for possessing and passing counterfeit money with intent to defraud in violation of 18 U.S.C. § 472 (1976). The trial court granted a motion to suppress both a counterfeit bill seized from defendant and inculpatory statements made by defendant to government agents. The government appeals pursuant to 18 U.S.C. § 3731 (1976). We affirm.

At the suppression hearing the only evidence taken was the testimony of four Secret Service agents. Their testimony was generally consistent but conflicted in some crucial aspects. The agents told the court that…