UNITED STATES v. MANTELLO

Nos. 72-1519 to 72-1521.

478 F.2d 671 (1973)

UNITED STATES of America, Appellant, v. Louis MANTELLO et al. UNITED STATES of America, Appellant, v. John Constantine COMMINGS et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1973.


Attorney(s) appearing for the Case

John J. Robinson, Atty., Dept. of Justice, of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court with whom Harold H. Titus, Jr., U. S. Atty., and Sidney M. Glazer, Atty., Dept. of Justice, were on the brief, for appellant. John A. Terry and Stephen W. Grafman, Asst. U. S. Attys., also entered appearances for appellant.

William A. Borders, Jr., Washington, D. C., for appellee Simkins in No. 72-1520 and also argued for all appellees.

Francis X. Grossi, Jr., Washington, D. C., with whom Vincent J. Fuller, Washington, D. C., was on the brief, for appellees in No. 72-1521 and also argued for all appellees.

H. Clifford Allder, Washington, D. C., was on the brief for appellees Smyrnas, Bellosi and DiNenna.

Lawrence Speiser, Washington, D. C. (appointed by this Court), entered an appearance for appellee Berman and certain other appellees.

Edward Menard, Oxon Hill, Md., entered an appearance for appellee Mantello.

Kurt Berlin and Frank Smith, Washington, D. C., for appellee Henry Johnson.

Before LEVENTHAL and ROBB, Circuit Judges, and WILLIAM J. JAMESON, Senior United States District Judge for the District of Montana.


PER CURIAM:

This is an interlocutory appeal by the Government from the order of the District Court, dated March 29, 1972, which granted the defendants' motion to suppress four intercepts of telephone conversations. The intercepts followed the issuance of judicial authorizations secured under the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510 et seq. However, the District Court held that the evidence received on these intercepts was inadmissible...

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