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UNITED STATES v. BERNSTEIN

No. 74-1066.

509 F.2d 996 (1975)

UNITED STATES of America, Appellant, v. Calman BERNSTEIN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1975.

Attorney(s) appearing for the Case

Marc Philip Richman, Atty., U. S. Dept. of Justice (George Beall, U. S. Atty. for the District of Maryland, David E. Holt, Jr., Sp. Atty. and Peter M. Shannon, Jr., Atty., Dept. of Justice, on brief), for appellant.

Arnold M. Weiner, Baltimore, Md. (M. Albert Figinski, Baltimore, Md., on brief), for appellee.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

The United States appeals from a district court order that suppressed Calman Bernstein's intercepted phone calls as evidence against him. The court found that when the government applied for the intercept order extensions, under which the conversations were later seized, its agents knew that Bernstein was committing the crime under investigation and would use the telephone they sought to tap. Because Bernstein was not identified in either the...

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