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UNITED STATES v. MARTINEZ

No. 76-3584.

588 F.2d 1227 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Evelio MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 3, 1979.

Attorney(s) appearing for the Case

Susan Guberman (argued), of Cohen & Guberman, Marina del Ray, Cal., for defendant-appellant.

Dennis Schloss, Atty. (argued), of Dept. of Justice, Los Angeles, Cal., for plaintiff-appellee.

Before CARTER and HUFSTEDLER, Circuit Judges, and C. WILLIAM KRAFT, Jr., District Judge.

Rehearing and Rehearing En Banc Denied January 3, 1979.

JAMES M. CARTER, Circuit Judge:

This is an appeal from a conviction in the Central District of California for participating in gambling activities in violation of 18 U.S.C. § 1955. Appellant argues that evidence obtained pursuant to a wiretap should have been excluded from consideration in the bench trial because the affidavit in support of the application for the wiretaps was insufficient. He also...

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