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UNITED STATES v. SCHWEIHS

No. 76-4502.

569 F.2d 965 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. John Francis SCHWEIHS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1978.

Attorney(s) appearing for the Case

Joseph A. Varon, Hollywood, Fla., for defendant-appellant.

J. V. Eskenazi, U. S. Atty., Atlee W. Wampler, III, Atty.-in-Charge, S/E Regional Office, Crim. Div., OC&R Section, U. S. Dept. of Justice, Miami, Fla., Jerome M. Feit, Alan J. Sobol, Attys., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and FAY, Circuit Judges.

RONEY, Circuit Judge:

After a jury trial defendant John Francis Schweihs was convicted under 18 U.S.C.A. § 2512(1)(b) for willful possession of an electronic device, knowing that the device, by virtue of its design, was primarily useful for the purpose of surreptitious interception of wire or oral communications.1 He maintains on this appeal that, as a matter of law, the device in question...

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