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U.S. v. SMITH

No. 91-5077.

978 F.2d 171 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. David Lee SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 12, 1992.

Attorney(s) appearing for the Case

Bruce N. Smith, Beaumont, Tex. (court-appointed), for defendant-appellant.

Louis Guirola, Jr., Kerry M. Klintworth, Asst. U.S. Attys., Bob Wortham, U.S. Atty., Beaumont, Tex., for plaintiff-appellee.

Before POLITZ, Chief Judge, and JOHNSON and JOLLY, Circuit Judges.

JOHNSON, Circuit Judge:

David Lee Smith was convicted by a jury on five counts arising out of his drug trafficking activities. Smith raises two issues on appeal. First, he contends that all of the evidence against him was discovered as a direct result of the interception of his conversations over a cordless telephone. Smith argues that the interception of his conversations violated both Title III of the Omnibus Crime and Control and Safe Streets Act of 1968 (Title...

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