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U.S. v. TAVAREZ

No. 94-6048.

40 F.3d 1136 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Balbino DeJesus TAVAREZ, a/k/a Munchie, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 22, 1994.

Attorney(s) appearing for the Case

Joseph Luis Ruffin, Oklahoma City, OK, for defendant-appellant.

Vicki Miles-LaGrange, U.S. Atty., and Frank Michael Ringer, Asst. U.S. Atty., Oklahoma City, OK, for plaintiff-appellee.

Before TACHA and KELLY, Circuit Judges, and VRATIL, District Judge.

TACHA, Circuit Judge.

I. Background

On June 2, 1993, defendant Balbino DeJesus Tavarez (a.k.a. "Munchie") was indicted for one count of conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. § 841(a)(1). The government's only evidence against defendant consisted of taped telephone conversations between defendant and several codefendants. This evidence was obtained by a court-ordered wiretap of a codefendant...

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