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UNITED STATES v. MESA

No. 80-1510.

638 F.2d 582 (1980)

UNITED STATES of America, Appellant, v. Rigoberto Raciel MESA.

United States Court of Appeals, Third Circuit.

Decided October 30, 1980.

As Amended November 12, 1980.

As Amended on Denial of Rehearing and Rehearing December 4, 1980.

Attorney(s) appearing for the Case

Robert J. Del Tufo, U. S. Atty., Barry Ted Moskowitz (argued), Asst. U. S. Atty., Newark, N. J., for appellant.

John J. Hughes (argued), Asst. Federal Public Defender, D. New Jersey, Camden, N. J., for appellee.

Before SEITZ, Chief Judge, ADAMS, Circuit Judge, and WEINER, District Judge.

As Amended on Denial of Rehearing and Rehearing In Banc December 4, 1980.

OPINION

SEITZ, Chief Judge.

This is an appeal by the government from an interlocutory order of the district court, 487 F.Supp. 562, granting the motion of the defendant, Rigoberto Mesa, to suppress a tape-recorded conversation between Mesa and an FBI agent. Jurisdiction is based on 18 U.S.C. § 3731 (1976).

I.

The...

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