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UNITED STATES v. ACON

No. 74-1766.

513 F.2d 513 (1975)

UNITED STATES of America, Appellant, v. Anthony Joseph ACON et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided March 6, 1975.

Attorney(s) appearing for the Case

Richard L. Thornburgh, U.S. Atty., Pittsburgh, Pa., John M. Elias, Jerome M. Feit, Marc Philip Richman, Washington, D.C., for appellant.

James K. O'Malley, Morris, Safier & Makoroff, H. David Rothman, Herbert Lebovitz, Thomas A. Livingston, John Doherty, Pittsburgh, Pa., John Hudacsek, Jr., Beaver Falls, Pa., for appellees.

Before ALDISERT, ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This court must decide whether wiretap authorizations signed by an acting assistant attorney general, not specifically qualified to approve electronic surveillance under 18 U.S.C. § 2516(1), must be suppressed as facially insufficient under 18 U.S.C. § 2518(10)(a)(ii). The government appeals suppression by the district court.1 Because we believe that facial insufficiency...

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