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UNITED STATES v. MARCELLO

No. Cr. EJD-81-720.

568 F.Supp. 738 (1983)

UNITED STATES of America, Plaintiff, v. Carlos MARCELLO, Samuel Orlando Sciortino, and Philip Rizzuto, Defendants.

United States District Court, C.D. California.

August 15, 1983.

Attorney(s) appearing for the Case

Stephen S. Trott, U.S. Atty. by James D. Henderson, Los Angeles Strike Force, Dept. of Justice, Los Angeles, Cal., for the U.S.

Arthur A. Lemann, III, New Orleans, La., for defendant Marcello.

Donald B. Marks, Beverly Hills, Cal., for defendant Sciortino.

Thomas R. Dyson, Jr., Washington, D.C., for defendant Rizzuto.

MEMORANDUM AND ORDER

DEVITT, Senior District Judge.

This matter is before the court on defendants' motion for an evidentiary hearing pursuant to Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) and a new trial under Rule 33, Federal Rules of Criminal Procedure. They claim newly discovered evidence shows contamination of the government's wiretap evidence used at trial, and they reassert their claim...

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