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U.S. v. ANTOON

No. 90-3739.

933 F.2d 200 (1991)

UNITED STATES of America, Appellant, v. Michael S. ANTOON; John A. Bettor; Xavier W. Folino d/b/a Fairview Pharmacy.

United States Court of Appeals, Third Circuit.

Decided May 13, 1991.

Rehearing and Rehearing Denied June 5, 1991.

Attorney(s) appearing for the Case

Paul J. Brysh, Bonnie R. Schlueter (argued), Office of U.S. Atty., Pittsburgh, Pa., for appellant.

William P. Weichler (argued), Ambrose & Friedman, Erie, Pa., for appellee Michael S. Antoon.

Before STAPLETON, COWEN and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied June 5, 1991.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal concerns the admissibility in a criminal trial of statements and conversations recorded by a witness wearing a concealed body recorder. The central issue is whether the witness' cooperation was voluntary or coerced. The district court excluded the evidence because it found that the witness' free will was overborne by his fear that he would...

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