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U.S. v. AVILES

Nos. 96-10110, 96-10167, 97-10251, 97-10289.

170 F.3d 863 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador AVILES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Miguel Angel Barrenechea, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Rafael Cornejo, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Carlos A. Perez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 18, 1998.

Amended March 15, 1999.

Attorney(s) appearing for the Case

Robert R. Riggs, Katzoff & Riggs, Cobb, California, for defendant-appellant Salvador Aviles.

Karen L. Landau, Oakland, California, for defendant appellant Miguel Angel Barrenechea.

Suzanne A. Luban, Berkeley, California, for defendant-appellant Rafael Cornejo.

Robert D. Bacon, Oakland, California, for defendant-appellant Carlos A. Perez.

Albert S. Glenn, C. David Hall, Stephen G. Corrigan, Theresa J. Canepa, Assistant United States Attorneys, San Francisco, California, for the plaintiff-appellee.

Before: NOONAN, TROTT, Circuit Judges, and WALLACH, Judge.

ORDER

The opinion filed on August 18, 1998 is amended as follows:

153 F.3d at 937, sec.6, ¶ 2: Remove the third sentence and "On the other hand," from the fourth sentence and insert, "Yet, taking into account all the factors in the application, an impartial judge could not have denied the application on the ground that the necessity for the wiretap had not been shown."

Id. at 938: Under "Compliance With Speedy Trial Act" replace ¶...

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