U.S. v. HEINZ

No. 92-8165.

983 F.2d 609 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Richard Lee HEINZ, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 10, 1993.


Attorney(s) appearing for the Case

Richard L. Durbin, Jr., Mark R. Stelmach, Ronald F. Ederer, U.S. Atty., San Antonio, Tex., Asst. U.S. Attys., for plaintiff-appellant.

Nate Rhodes, Corpus Christi, Tex., for R. Heinz.

Nancy M. Simonson, A.J. "Tony" Canales, Corpus Christi, Tex., for M. Wilshusen.

Charles O. Grigson (Court Appointed), Austin, Tex., for J. Carsrud.

Richard Shreves (Court Appointed), Austin, Tex., for B. Thomas.

Before JOLLY and DUHÉ, Circuit Judges, and PARKER, District Judge.


Rehearing and Rehearing En Banc Denied March 10, 1993.

PER CURIAM:

The question presented by this appeal is whether the district court erred in concluding that the government's prosecutorial and investigatory conduct toward defendant-appellees was so improper as to render taped telephone conversations between Heinz and the government's agent subject to suppression. The question must be analyzed by the light of the Sixth Amendment. Upon such analysis, we hold...

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