UNITED STATES v. LISENBY

No. 80-5903.

716 F.2d 1355 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Amos LISENBY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 11, 1983.


Attorney(s) appearing for the Case

James P. Judkins, Tallahassee, Fla., for Capo.

E.C. Deeno Kitchen, Tallahassee, Fla., for A. Lisenby.

Leo A. Thomas, Charles J. Kahn, Jr., Pensacola, Fla., for C. Lisenby.

J. LaDon Dewrell, F. Lloyd Blue, Jr., Fort Walton Beach, for T. Williams.

John R. Weed, Conrad C. Bishop, Jr., Perry, Fla., for Booker.

David L. McGee, Asst. U.S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, and RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.


PER CURIAM:

We granted rehearing en banc to reconsider whether the district court's refusal to suppress recorded conversations of Amos Lisenby made by a confidential informant after Lisenby had been arrested requires reversal under Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 (1964). The panel affirmed the district court, United States v. Capo, 693 F.2d 1330, 1338...

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