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U.S. v. CARSON

Nos. 91-5019, 91-5030.

969 F.2d 1480 (1992)

UNITED STATES of America, Appellee, v. Donald CARSON, Appellant. UNITED STATES of America, Appellee, v. Anthony GALLAGHER, Appellant.

United States Court of Appeals, Third Circuit.

Decided July 9, 1992.

Attorney(s) appearing for the Case

Frederic J. Gross (argued), Mount Ephraim, N.J., for appellant Donald Carson.

Edward A. Hartnett (argued), Robinson, St. John & Wayne, Newark, N.J., for appellant Anthony Gallagher.

Michael Chertoff, U.S. Atty., Edna B. Axelrod (argued), Chief, Appeals Div., Office of U.S. Atty., Newark, N.J., for appellee.

PRESENT: STAPLETON, HUTCHINSON and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Donald Carson (Carson) and Anthony Gallagher (Gallagher) appeal from their racketeering and conspiracy convictions, arguing that various electronic surveillance audiotapes were erroneously admitted at trial. They contend that the tapes were not sealed immediately after the authorizing orders expired, as the statute authorizing electronic surveillance requires, and that the government offered no satisfactory...

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