UNITED STATES v. SAITTA

No. 79-5055.

612 F.2d 205 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Leo Joseph SAITTA and James Patrick Westfall, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 21, 1980.


Attorney(s) appearing for the Case

Janet F. Perlman, J. Richard Young, Asst. Federal Public Defenders, Atlanta, Ga., for Westfall.

Gerald L. Shargel, New York City, for Saitta.

James E. Fagan, Jr., Asst. U. S. Atty., Atlanta, Ga., for the U. S.

Before GODBOLD, RONEY and FRANK M. JOHNSON, Jr., Circuit Judges.


GODBOLD, Circuit Judge:

The defendants were convicted of counterfeiting offenses. 18 U.S.C. §§ 471, 472 and 474. Secret Service agents surveilled defendants at a one-story commercial printing shop owned by Westfall and located in a group of several small commercial establishments. During night hours, using 9-power binoculars and a 20-power hand-held telescope that could zoom to 40-power (both were commercially available), the agents observed defendants through...

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