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UNITED STATES v. CHAVEZ

No. 75-1719.

533 F.2d 491 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Umberto Jose CHAVEZ et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied June 1, 1976.

Attorney(s) appearing for the Case

Arthur David Porcella (argued), U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Marcus S. Topel, Asst. Federal Public Defender (argued), San Francisco, Cal., for defendants-appellees.

Before DUNIWAY and KENNEDY, Circuit Judges, and PALMIERI, District Judge.

Certiorari Denied June 1, 1976. See 96 S.Ct. 2237.

OPINION

DUNIWAY, Circuit Judge:

Chavez and thirteen others were indicted on May 6, 1971, on a charge that they had conspired to import and distribute heroin in violation of 21 U.S.C. §§ 173 and 174 as those sections then read. Much of the evidence upon which the charge is based was obtained by means of a wiretap of Chavez's telephone, and the government appeals from an order suppressing...

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