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UNITED STATES v. ANAYA

No. 85-1038.

779 F.2d 532 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Joe Belmontes ANAYA, and Henry Timothy Zavala, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1985.

Attorney(s) appearing for the Case

Donald B. Ayer, U.S. Atty., Gloria C. Phares, Sp. Asst. U.S. Atty., Fresno, Cal., for plaintiff-appellant.

Jacob M. Weisberg, Fresno, Cal., for defendants-appellees.

Before GOODWIN, NELSON and CANBY, Circuit Judges.

NELSON, Circuit Judge:

The government appeals the district court's dismissal of indictments against two Parlier police officers. The officers were accused of bugging a closed executive session of the Parlier City Council in violation of 18 U.S.C. § 2511(1)(b)(ii)1 which proscribes the use of an electrical or mechanical device to intercept an oral communication. This case presents the novel...

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