UNITED STATES v. CARON

No. 72-2049.

474 F.2d 506 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Omer Thomas CARON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 29, 1973.


Attorney(s) appearing for the Case

Henry Gonzalez, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Bernard H. Dempsey, Jr., Claude H. Tison, Jr., Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM and SIMPSON, Circuit Judges.


TUTTLE, Circuit Judge:

The sole issue in this case is whether evidence procured by means of a wiretap may be introduced by the government for impeachment purposes without a prior determination by the trial court that the wiretap was lawful. We affirm on the basis of Walder v. United States, 347 U.S. 62, 74 S.Ct. 354, 98 L.Ed. 503 (1954).

The facts are as follows. On June 10, 1971, a two count indictment was returned against...

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