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U.S. v. WAGNER

No. 97, Docket 92-1173.

989 F.2d 69 (1993)

UNITED STATES of America, Appellant, v. Gerard WAGNER, Defendant, Michael Canale; Tammie Canale; Thomas Brewer; Donald Howard; Shawna O'Leary; Leo Talback; Arthur Villa and David Keays, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 12, 1993.

Attorney(s) appearing for the Case

Paul D. Silver, Asst. U.S. Atty. for the N.D.N.Y. (Gary L. Sharpe, U.S. Atty. for the N.D.N.Y., of counsel), for appellant.

Michael A. Feit (Ellen C. Brotman, Feit & Schlenker, Albany, NY, of counsel), for defendant-appellee Michael Canale.

Joseph R. Brennan (McPhillips, Fitzgerald & Meyer, Glens Falls, NY, of counsel), for defendant-appellee Shawna O'Leary.

Before MINER, ALTIMARI, and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This is an interlocutory appeal by the United States, pursuant to 18 U.S.C. §§ 2518(10)(b) and 3731, of an order of the United States District Court for the Northern District of New York (Con. G. Cholakis, Judge) dated January 23, 1992, suppressing the fruits of a wiretap on the telephone of Defendant Michael Canale (hereinafter "Canale") and a search of Defendant Shawna O'Leary's home.

On April 8, 1991, Judge Cholakis...

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