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UNITED STATES v. SAN MARTIN

No. 79, Docket 72-1481.

469 F.2d 5 (1972)

UNITED STATES of America, Appellee, v. Jose Francisco SAN MARTIN, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 10, 1972.

Attorney(s) appearing for the Case

Joseph I. Stone, New York City, for appellant.

George G. Bashian, Jr., Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E.D.N.Y., David G. Trager and L. Kevin Sheridan, Asst. U.S. Attys., of counsel), for appellee.

Before HAYS, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This appeal from a narcotics conviction1 raises interesting questions regarding use of a wiretap. It is necessary to summarize the evidence briefly to put the wiretap issues in context.

Through an intermediary (Nicolay), appellant made arrangements in Montevideo with one Gonzalez to smuggle into the United States some "Golden Watches" which later turned out to be 155 pounds of heroin. Nicolay delivered four...

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