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449 F.2d 1300

Docket No. 29506.

United States v. Castillo

Fifth Circuit Court of Appeals

Decided Oct. 26, 1971.

Rehearing Denied Nov. 16, 1971.

Fifth Circuit Court of Appeals · decided 1971-10-26

2 counsel of record

Relies on Hoffa v. United States · United States v. White · Lopez v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-26

How this case has been cited

Cited by 20 later decisions — most recently August 2009

15 federal appellate · 2 district ·

1301971198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1301Frank Ragano, Raymond E. LaPorte, Ragano & LaPorte, Miami, Fla., for defendants-appellants.

¶2Robert W. Rust, U. S. Atty., Lloyd G. Bates, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

¶3Before TUTTLE, DYER and SIMPSON, Circuit Judges.

¶4PER CURIAM:

¶5The court has withheld judgment with respect to this appeal pending the decision by the United States Supreme Court of the case of United States v. White, 401 U.S. 745, 91 S.Ct. 1122, 28 L.Ed.2d 453.

¶6The Supreme Court, in the White case, has now decided: “Concededly a police agent who conceals his police connections may write down for official use his conversations with the defendant and testify concerning them, without a warrant authorizing his encounters with the defendant and without otherwise violating the latter’s Fourth Amendment rights. Hoffa v. United States, 385 U.S. 293, 300-303 [87 S.Ct. 408, 412-414, 17 L.Ed.2d 377]. For constitutional purposes, no different result is required if the agent instead of immediately reporting and transcribing his conversations with defendant, either (1) simultaneously records them with electronic equipment which he is carrying on his person, Lopez v. United States, supra [373 U.S. 427, 83 S.Ct. 1381, 10 L.Ed.2d 462] ; (2) or carries radio equipment which simultaneously transmits the conversations either to recording equipment located elsewhere or to other agents monitoring the transmitting frequency.”1

¶7This is principally what this appeal is all about. Other than the contention that there was not sufficient evidence with respect to one of the appellants to permit the case to go to the jury, a contention which we find to be without merit, this was the only substantial issue in the case.2 In light of the Supreme Court decision, therefore, we conclude that the judgment of the trial court must be affirmed.

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