UNITED STATES v. CAMPAGNUOLO

No. 78-1352.

592 F.2d 852 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Fred "Freddy Campo" CAMPAGNUOLO, John "Jackie Campo" Campagnuolo, and Michael "Mike Douglas" Gougules, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 6, 1979.


Attorney(s) appearing for the Case

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Atlee W. Wampler, III, Sp. Atty., U. S. Dept. of Justice, Miami, Fla., Marshall T. Golding, c/o T. George Gilinsky, Jerome M. Feit, Atty., Washington, D. C., for plaintiff-appellant.

James Jay Hogan, Joseph Mincberg, Miami, Fla. for Fred Campagnuolo.

Robert Foley, Philip G. Butler, Jr., West Palm Beach, Fla., for John Campagnuolo.

Randolph & Randolph, Robert J. Randolph, Stuart, Fla., for Michael Gougules.

Before WISDOM, GOLDBERG, and VANCE, Circuit Judges.


WISDOM, Circuit Judge:

In this criminal prosecution, the district judge suppressed certain evidence and then dismissed the indictment because he concluded that the government had violated the federal wiretap statutes, 18 U.S.C. §§ 2510-2520, and had failed to comply with a standing discovery order. We agree with the government that the district judge abused his discretion when he dismissed the indictment and when he suppressed some of the challenged evidence...

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