UNITED STATES v. KERR

No. 82-1229.

711 F.2d 149 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph D. KERR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 1, 1983.


Attorney(s) appearing for the Case

Alan R. Carlson of Garrison, Brown & Carlson, Bartlesville, Okl. (Michael R. Brown, Bartlesville, Okl., with him on brief), for defendant-appellant.

Kenneth P. Snoke, Asst. U.S. Atty., Tulsa, Okl. (Frank Keating, U.S. Atty., Tulsa, Okl., with him on brief), for plaintiff-appellee.

Before SETH, Chief Judge, McKAY, Circuit Judge, and BRATTON, District Judge.


SETH, Chief Judge.

The defendant was indicted, tried and convicted for receiving and concealing a stolen car moving in interstate commerce. 18 U.S.C. § 2313. The issues raised on appeal concern the validity of a telephone wiretap and the ruling by the trial court that a particular witness could not be called by the defendant.

The wiretap issue raised in a motion to suppress centers on the authority of Mr. Philip B. Heymann, the then Chief of the Criminal...

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