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U.S. v. MOORE

No. 94-1061.

41 F.3d 370 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Eric J. MOORE; Craig C. Robinson; Ray L. Williams; Keith L. Cooks; Lashonda R. Robinson; Sherice Y. Thompson, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1994.

Rehearing and Suggestion for Rehearing Denied January 19, 1995.

Attorney(s) appearing for the Case

Thomas J. Monaghan, Asst. U.S. Atty., Omaha, NE, (Sara E. Fullerton and Daniel A. Morris, Asst. U.S. Attys., on the brief), for appellant.

James R. Mowbray, Lincoln, NE, argued, for appellees.

Before LOKEN, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 19, 1995.

LOKEN, Circuit Judge.

The government appeals a district court order granting motions to suppress in a narcotics conspiracy prosecution. The suppressed evidence was obtained by electronic interception undertaken after a state court judge had filed an unsigned wiretap approval order. The issue is whether the evidence must be suppressed under 18 U.S.C. § 2518(10)(a)(ii) because the unsigned...

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