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UNITED STATES v. STEVENS

No. 77-1937.

612 F.2d 1226 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Gerrold E. STEVENS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided November 15, 1979.

Rehearing Denied February 27, 1980.

Attorney(s) appearing for the Case

John C. Humpage, Topeka, Kan., for defendant-appellant.

Roger M. Theis, Asst. U. S. Atty., Topeka, Kan. (James P. Buchele, U. S. Atty. and Bruce E. Miller, Asst. U. S. Atty., Topeka, Kan., with him on briefs), for plaintiff-appellee.

Before SETH, Chief Judge, HOLLOWAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Appellant Gerrold E. Stevens was convicted by a jury on charges of conspiracy to distribute heroin, a controlled substance, and interstate travel to promote a conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 1952.

On appeal numerous errors are asserted— 1) testimony of coconspirator William Deal was tainted by an illegal wiretap and should not have been admitted; 2) the...

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