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UNITED STATES v. HALL

Nos. 72-1841, 72-1842, 72-1737.

488 F.2d 193 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. John Merrill HALL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William King NICHOLS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. James Kline DEVER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 19, 1973.

Attorney(s) appearing for the Case

John J. Flynn (argued), Thomas A. Thinnes, Richard L. Parrish of Flynn, Kimerer, Thinnes & Galbraith, Phoenix, Ariz., for appellant Dever.

Benjamin Lazarow, (argued), Tucson, Ariz., for appellants Hall and Nichols.

David S. Hoffman, Asst. U. S. Atty., (argued), William C. Smitherman, U. S. Atty., James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and FERGUSON, District Judge.

WALLACE, Circuit Judge:

Hall, Nichols and Dever were convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a) (1) and conspiracy to commit that offense in violation of 21 U.S.C. § 846. Appellants contend that the electronic surveillance of their radio-telephone conversations which led to their arrests violated the Communications Act of 1934 (particularly, 47 U.S. C. § 605), Title III of the Omnibus Crime Control...

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