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UNITED STATES v. BOWLER

No. 76-2713.

561 F.2d 1323 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Earl BOWLER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 30, 1977.

Attorney(s) appearing for the Case

Michael E. Benchoff, Phoenix, Ariz., argued for defendant-appellant.

Daniel R. Drake, Asst. U. S. Atty., Phoenix, Ariz., argued for plaintiff-appellee.

Before BARNES and KILKENNY, Senior Circuit Judges, and EAST, Senior District Judge.

EAST, Senior District Judge:

Patrick Bowler (Bowler) was indicted under six alleged counts of violating 18 U.S.C. § 1343, fraud by wire. The essence of the charges was that Bowler had used a "blue box"1 to defraud the Mountain Bell Telephone Company (Bell) of money due for interstate telephone calls placed by Bowler.

After a hearing on Bowler's motion to suppress the use of certain evidence, the case was tried to the District...

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