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U.S. v. GAINES

Nos. 09-3750, 09-3754.

639 F.3d 423 (2011)

UNITED STATES of America, Appellee, v. Bernard NMN GAINES, aka Smiley, Appellant. United States of America, Appellee, v. Jerry Martese Dubose, aka Ray, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 4, 2011.

Attorney(s) appearing for the Case

Frederick J. Goetz , argued, Minneapolis, MN, for appellant.

Steven J. Meshbesher , argued, Kevin M. Gregorius , on the brief, Minneapolis, MN, for appellant Dubose.

Ann Anaya , AUSA, argued, St. Paul, MN, for appellee.

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

Bernard Gaines and Jerry Dubose, along with twelve others, were indicted for their alleged involvement in a conspiracy to distribute cocaine and crack cocaine. Ultimately, Gaines pleaded guilty and, subsequently, testified against Dubose, who elected to stand trial. Prior to his trial, Dubose moved to suppress recordings of wiretapped telephone conversations that he had with his alleged coconspirators, arguing that the recordings were obtained...

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