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UNITED STATES v. CACACE

No. 75-3647.

529 F.2d 1167 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony CACACE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 19, 1976.

Attorney(s) appearing for the Case

Edward A. Nagel, Orlando, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., William F. Duane, Harrison T. Slaughter, Jr., Asst. U. S. Attys., Orlando, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, TUTTLE and GEE, Circuit Judges.

PER CURIAM:

Appellant, convicted of conspiring to distribute cocaine hydrochloride, 21 U.S.C. §§ 841(a)(1), 846 (1970), challenges the lower court's refusal to suppress intercepted wire communications. He complains that the affidavit of application securing the wiretap authorization failed to comply with the federal and state statutory requirement that the affidavit include a

full and complete statement as to whether or not other investigative procedures...

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