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409 F.2d 847

Docket No. 24911.

Kane v. United States

Fifth Circuit Court of Appeals

Decided April 24, 1969.

Fifth Circuit Court of Appeals · decided 1969-04-24

Cited by 9 later decisions (1 by the Supreme Court) — most recently June 1973

8 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 1084 · 18 U.S.C. § 1952

Relies on Alderman v. United States · Murphy v. Houma Well Service

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1969-04-24

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¶1E. David Rosen, Miami, Fla., Edward Bennett Williams, Harold Ungar, Washington, D. C., for appellants.

¶2Fred M. Vinson, Jr., Asst. Atty. Gen., Wallace H. Johnson, William G. Earle, Attys., Department of Justice, Washington, D. C., for appellee.

¶3Before GEWIN, GOLDBERG and DYER, Circuit Judges.

¶4PER CURIAM:

¶5The appellants were convicted of violating 18 U.S.C.A. § 1952 by conducting gambling-connected telephone communication between Miami, Florida, and Louisville, Kentucky, and of a conspiracy to violate 18 U.S.C.A. §§ 1084 and 1952. Beckley alone was convicted of § 1952 violations by telephone communication between Miami, Florida, and Tulsa, Oklahoma, and Miami, Florida, and New York City.

¶6Reversal of the convictions is sought, among other reasons, because of the admission of evidence obtained in raids that was tainted because of illegal wiretaps and bugs.1

¶7In view of the opinions of the Supreme Court in Alderman et al. v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L. Ed.2d 176, October Term, 1967, and related cases, the judgment of the District Court is vacated, and this cause is remanded for further proceedings consistent therewith.

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