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UNITED STATES v. SPAGNUOLO

No. 74-1272.

515 F.2d 818 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Attilio Joe SPAGNUOLO et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 21, 1975.

Attorney(s) appearing for the Case

Robert H. Plaxico, Atty., Crim. Div., Dept. of Justice (argued), Washington, D. C., for plaintiff-appellant.

George L. Cook and Arthur W. Ruthenbeck, Asst. Federal Public Defenders, (argued), San Francisco, Cal., for defendants-appellees.

Before ELY and WALLACE, Circuit Judges, and LYDICK, District Judge.

OPINION

WALLACE, Circuit Judge:

Spagnuolo and 12 others were charged, in one or both counts of a two-count indictment, with conducting an illegal gambling enterprise in violation of 18 U.S.C. § 1955. Each count was based on evidence derived from different wiretaps. The government appeals from an order suppressing evidence derived from the questioned wiretaps. We reverse.

Both wiretap authorizations directly involved in this case were by court...

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