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U.S. v. PHILLIPS

No. 91-3252.

959 F.2d 1187 (1992)

UNITED STATES of America v. Darnell PHILLIPS, Appellant.

United States Court of Appeals, Third Circuit.

Amended Opinion March 3, 1992.

Rehearing and Rehearing Denied May 11, 1992.

Attorney(s) appearing for the Case

William C. Carpenter, Jr., U.S. Atty., Richard G. Andrews, First Asst. U.S. Atty., Robert J. Prettyman, Asst. U.S. Atty., Wilmington, Del., for appellee.

William H. Murphy, William H. Murphy, Jr. & Associates, Baltimore, Md., for appellant.

Before: MANSMANN, HUTCHINSON and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 27, 1992.

Rehearing and Rehearing En Banc Denied May 11, 1992.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from a judgment of sentence after a jury trial, we are faced with the questions of whether the district court erred by failing to suppress evidence obtained through a court ordered wiretap, failing to grant an acquittal on Count II of

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