UNITED STATES v. HOULTIN

No. 74-4144.

525 F.2d 943 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Martin W. HOULTIN, Robert Burke, Duane Morrison, Michael Francis, Kenneth B. Phillips and Kenneth J. Croucher, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 12, 1976.


Attorney(s) appearing for the Case

Lee A. Chagra, El Paso, Tex., for Houltin, Burke, Morrison and Francis.

Malcolm McGregor, El Paso, Tex., for Croucher.

William M. Ravkind, Dallas, Tex. (Court appointed), for Phillips.

William S. Sessions, U. S. Atty., Jeremiah Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JONES, WISDOM and AINSWORTH, Circuit Judges.


WISDOM, Circuit Judge:

This case presents two serious questions. (1) Were the arrests of alleged importers of marijuana procured through the exploitation of illegal wiretaps? (2) Were the convictions for both conspiracy to import and conspiracy to possess the drug, despite the existence of only one conspiratorial agreement, in violation of the defendants' protections against double jeopardy?

For several years before their arrests, the defendants-appellants...

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