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SMITH v. U.S. DEPT. OF JUSTICE

No. 00-5211.

251 F.3d 1047 (2001)

Gregory SMITH, Appellant, v. U.S. DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Sidney A. Rosenzweig, appointed by the court, argued the cause as amicus curiae on the side of appellant. With him on the brief was Robert S. Litt.

Gregory Smith, appearing pro se, was on the brief for appellant.

Lisa Barsoomian, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and R. Craig Lawrence, Assistant U.S. Attorney.

Before: WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

While incarcerated at a federal correctional institution, Gregory Smith placed several calls to his attorney. Although an unmonitored telephone was available for this purpose, Smith used a telephone line on which he knew all calls were monitored and recorded pursuant to a policy of the Bureau of Prisons. Smith claims that during the conversations the attorney effectively acknowledged...

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