UNITED STATES v. JOHNSON

Nos. 82-1163, 82-1164 and 82-1336.

696 F.2d 115 (1982)

UNITED STATES of America v. Gerald F. JOHNSON, Appellant. UNITED STATES of America v. Thomas JOHNSON, Appellant. UNITED STATES of America v. Edward T. WOOTEN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1982.

As Amended December 21, 1982.


Attorney(s) appearing for the Case

Roger C. Spaeder, Washington, D.C., with whom Richard Stern, Washington, D.C. (appointed by this Court) was on the brief, for appellants in Nos. 82-1163 and 82-1164.

William J. Garber, Washington, D.C. (appointed by this Court), for appellant in No. 82-1336.

Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and C. Madison Brewer, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before WRIGHT, MIKVA, and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge EDWARDS.

Separate opinion, concurring in part and dissenting in part, filed by Circuit Judge MIKVA.

HARRY T. EDWARDS, Circuit Judge:

These three appeals seek the reversal of convictions, based largely on the fruits of electronic surveillance authorized under the District of Columbia Code ("D.C.Code"),1 for violations of the federal Controlled Substances Act.

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