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U.S. EX REL. MACHI v. U.S. DEPT. OF PROB. & PAR.

No. 75-2053.

536 F.2d 179 (1976)

UNITED STATES of America ex rel. Andrew Joseph MACHI, Petitioner-Appellee, v. UNITED STATES DEPARTMENT OF PROBATION AND PAROLE, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 1976.

Attorney(s) appearing for the Case

William J. Mulligan, U. S. Atty., Milwaukee, Wis., Stephen H. Pugh, Jr., Asst. U. S. Atty., Chicago, Ill., for respondent-appellant.

Joseph P. Balistrieri, Milwaukee, Wis., for petitioner-appellee.

Before SWYGERT, Circuit Judge, MARKEY, Chief Judge, Court of Customs and Patent Appeals and JAMESON, Senior District Judge.

JAMESON, Senior District Judge:

Petitioner, Andrew Joseph Machi, filed a motion pursuant to 28 U.S.C. § 2255 to vacate his conviction for illegal gambling activities, claiming that illegal wiretap evidence had been admitted in his trial. The district court granted the motion on the ground that the Attorney General had not properly reviewed and approved the application for the wiretap. We reverse, finding the issue raised by Machi insufficient to warrant §...

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