UNITED STATES v. KOLODZIEJ

No. 82-1076.

706 F.2d 590 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Clement KOLODZIEJ, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied August 22, 1983.


Attorney(s) appearing for the Case

Edward C. Prado, U.S. Atty., Sidney Powell, Asst. U.S. Atty., San Antonio, Tex., Archie Carl Pierce, Asst. U.S. Atty., Austin, Tex., for plaintiff-appellant.

Roy Barrera, Rend J. Riklin, San Antonio, Tex., for defendant-appellee.

Before WISDOM, RUBIN and TATE, Circuit Judges.


WISDOM, Circuit Judge:

This is an appeal by the United States from two orders of the district court granting motions to suppress. The questions we review on appeal are (1) whether the trial court erred when it ruled that telephone conversations placed between the defendant and a co-defendant were taped without the latter's voluntary consent, and (2) whether the record supports the court's conclusion that evidence seized from...

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