UNITED STATES v. CACERES

No. 76-1091.

545 F.2d 1182 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Alfredo L. CACERES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended On Denial of Rehearing and Rehearing January 20, 1977.


Attorney(s) appearing for the Case

John F. Cooney, Atty. (argued), of Sol. General's Office, San. Francisco, Cal., for plaintiff-appellant.

James J. Brosnahan (argued), of Morrison & Foerster, San Francisco, Cal., for defendant-appellee.

Before WRIGHT and SNEED, Circuit Judges, and FITZGERALD, District Judge.


As Amended On Denial of Rehearing and Rehearing En Banc January 20, 1977.

EUGENE A. WRIGHT, Circuit Judge:

Appellee was charged with three counts of bribery of an Internal Revenue Service (IRS) agent [18 U.S.C. § 201(b)]. Before trial he moved to suppress, inter alia, tape recordings of three face-to-face conversations with IRS agent Yee. The district court suppressed the recordings. We affirm in part and reverse in part.

The IRS began...

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