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UNITED STATES v. FELTON

No. 84-3398.

753 F.2d 256 (1985)

The UNITED STATES v. Dean K. FELTON, Nancy E. Bruce, John Zorak a/k/a Johnny, Anthony Serrao a/k/a Buddy, Richard Cox a/k/a Ricky, James Thurman, John Hathorne. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided January 8, 1985.

As Amended January 15, 1985.

Attorney(s) appearing for the Case

J. Alan Johnson, U.S. Atty., Paul J. Brysh (argued), and Constance M. Bowden, Asst. U.S. Attys., Pittsburgh, Pa., for appellant.

Stephen M. Sokol, Pittsburgh, Pa., for appellee Richard Cox.

Charles F. Scarlata (argued), Pittsburgh, Pa., for appellee Anthony Serrao (sometimes referred to in court papers as "Serraro").

Before ALDISERT, Chief Judge, BECKER, Circuit Judge, and STERN, District Judge.

OPINION OF THE COURT

ALDISERT, Chief Judge.

A number of defendants are named in a ten-count indictment charging a conspiracy to possess with intent to distribute marijuana and various associated charges, including performance of overt acts in furtherance of the conspiracy. During the pendency of the conspiracy, Dean Felton, one of the defendants, tape recorded certain telephone conversations that he had with two co-defendants, Anthony Serrao and Richard...

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