Nos. 83-1284, 83-1285.

724 F.2d 701 (1984)

UNITED STATES of America, Appellee, v. Robert Lewis GREGO and Joseph Astling, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 11, 1984.

Rehearing Denied February 15, 1984.

Attorney(s) appearing for the Case

Jack T. Lassiter, Little Rock, Ark., for appellants.

George W. Proctor, U.S. Atty. by D. Brent Bumpers, Asst. U.S. Atty., Little Rock, Ark., for appellee.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Robert Grego and Joseph Astling were convicted of violation of 21 U.S.C. § 846 (1981), conspiring to possess and distribute marijuana. Astling was also convicted of two counts of using the telephone to facilitate the alleged conspiracy in violation of 21 U.S.C. § 843(b) (1981). Both argue on appeal that: (1) a taped conversation with a government informant should have been suppressed because they were at the time under indictment...


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