Wednesday, January 02, 2008

U.S. v. Lococo et al, No. 05-50550 (12-27-07). This appeal challenged wiretap evidence, and an assortment of sentencing issues. The 9th gave the issues short shrift in this per curiam opinion. The 9th found that the government's wiretap application adequately described the various steps it tried to take in investigating the offense, including seeking cooperators, hidden and direct surveillance, trash pick-up, and so forth. There is a laundry list that can be used as to what steps the government should take. Since these attempts were thwarted or failed, a wiretap was proper. There was also no evidence produced of a Franks violation. Some of the sentencing issues were foreclosed by a plea waiver. The plea did allow the government to produce additional evidence to supplement the amount of drugs (you get what you bargain for).


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