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U.S. v. CASTILLO-GARCIA

No. 96-1259.

117 F.3d 1179 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Ceferino CASTILLO-GARCIA, also known as Pini, Jesus Saul Bujanda-Ibarra, Ismael Armendariz-Amaya, Victor Julia Avila, Jr., Larry Pino, Apolonio Portillo-Rodriguez, Alonso Moreno, Thomas McCulloch, Alberto Avila, also known as Jesus Javalera, Jack Girard, also known as Jacko, Joanne Ayers, and Jaime Olivas-Sanchez, Defendants-Appellees, and Jeffery Samuel Pino, Ray Gutierrez, also known as Guero, Doug Tierney, John Sheridan, and Matt Hilton, Defendants.

United States Court of Appeals, Tenth Circuit.

Decided June 30, 1997.

Attorney(s) appearing for the Case

John M. Hutchins, Assistant United States Attorney, Denver, CO, argued the cause, for appellant. Henry L. Solano, United States Attorney, Denver, CO, and David M. Gaouette, Assistant United States Attorney, Denver, CO, assisted on the brief.

Virginia Grady, Assistant Federal Public Defender, Denver, CO, argued the cause, for appellee Ismael Armendariz-Amaya. Michael G. Katz, Federal Public Defender, Denver, CO, assisted on the brief.

Harvey A. Steinberg, Denver, CO, argued the cause, for appellee Jesus Saul Bujanda-Ibarra. Susan Fuller, Denver, CO, assisted on the brief.

Before PORFILIO, EBEL, and HENRY, Circuit Judges.

EBEL, Circuit Judge.

After obtaining and executing five separate but related telephone wiretapping orders, the government secured evidence sufficient to indict eighteen members of an alleged drug conspiracy. In a pre-trial order, however, the district court suppressed all evidence obtained pursuant to four of the five wiretapping orders, on the grounds that the government had not demonstrated sufficient "necessity" for those wiretaps. Pursuant to 18 U.S.C. §...

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