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U.S. v. McGUIRE

Nos. 99-30165, 99-30166.

307 F.3d 1192 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. John P. McGUIRE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Cherlyn Petersen, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2002.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, MO, for defendant-appellant John Patrick McGuire.

Brian K. Kohn, Billings, MO, for defendant-appellant Cherlyn Petersen.

George Z. Toscas (argued), Terrorism and Violent Crime Section, Crim. Div., U.S. DOJ, William Mercer, U.S. Atty., Dist. of Montana, James E. Seykora, Asst. U.S. Atty, Dist. of Montana, Patty Merkamp Stemler, Robertson T. Park and David S. Kris, Department of Justice, Washington, DC, for the plaintiff-appellee.

Before HAWKINS, GOULD, Circuit Judges, and WARE, District Judge.

OPINION

GOULD, Circuit Judge.

Defendants-Appellants John P. McGuire and Cherlyn Petersen were members of a group known as the Montana Freemen. They were convicted of bank fraud for participating in a scheme that involved printing bogus checks on a home computer and trying to exchange them for real currency. Petersen asserts that wiretapping conducted by the FBI during its investigation violated the federal...

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