U.S. v. REYNA

No. 99-10333.

218 F.3d 1108 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Santiago REYNA, aka Chago; Victor Manuel Nolasco-Perez, aka Victor Manuel Perez-Bueno; Everardo Antonio Cardenas, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2000.


Attorney(s) appearing for the Case

J. Douglas Wilson, Mary E. Pougiales, Oakland, CA, for plaintiff-appellant.

Mark Rosenbush, San Francisco, CA, for defendant-appellee Nolasco-Perez.

Before: LAY, D.W. NELSON and THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

This appeal presents the question of whether a district judge may issue an order approving a wiretap on the application of an Assistant United States Attorney before the Attorney General or her designate has authorized the application. We hold that such an order violates the federal wiretap statute and affirm the judgment of the district court suppressing evidence obtained by the improperly authorized wiretap interception.

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