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UNITED STATES v. FIGUEROA

Nos. 366, 244, 245, Dockets 84-1178, 84-1204, 84-1205.

757 F.2d 466 (1985)

UNITED STATES of America, Appellee, v. Celestino FIGUEROA, a/k/a "El Indio", a/k/a "Charlie", Amado Lopez, a/k/a "La Sangre", Joseph Diaz, a/k/a "Joe", a/k/a "Frank", a/k/a "Pancino", Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 7, 1985.

Attorney(s) appearing for the Case

Donald E. Nawi, New Rochelle, N.Y., for defendant-appellant Figueroa.

J. Jeffrey Weisenfeld, New York City (Goldberger & Dubin, New York City, of counsel), for defendants-appellants Diaz and Lopez.

Mary Lee Warren, Asst. U.S. Atty., S.D.N.Y., New York City (Benito Romano, Asst. U.S. Atty., Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, of counsel), for appellee U.S.

Before FRIENDLY, PIERCE and PRATT, Circuit Judges.

PRATT, Circuit Judge:

Defendants appeal from judgments of the United States District Court for the Southern District of New York, Robert J. Ward, Judge, convicting them of violating 21 U.S.C. § 846 upon conditional pleas of guilty. With the government's consent defendants preserved for appeal the wiretap issues of whether Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. §§ 2510-20 (1982) (Title III), is constitutional...

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