U.S. v. Santora

Decision Date26 November 1979
Docket NumberNos. 76-3440,76-3711 and 77-2626,76-3525,76-3567,76-3485,76-3521,76-3446,s. 76-3440
Citation609 F.2d 433
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Ronald SANTORA, Earl Rardin, Maurice Eugene Lickteig, Theresa Sohn, Garth Jon Brian Upton, Roy Cohn, Mary Evans, and Walter P. Moore, Defendants-Appellants.
CourtU.S. Court of Appeals — Ninth Circuit
ORDER

Before HUFSTEDLER and ANDERSON, Circuit Judges, and KING, * district judge.

The opinion heretofore filed, 9 Cir., 600 F.2d 1317, is amended by deleting the following language at page 2573, at the end of the first full paragraph in the right-hand column of the printed slip opinion (600 F.2d at 1322.):

"Since Cohn's conversations must be suppressed, his conviction must be reversed for insufficient evidence. Because Cohn cannot be retried (Greene v. Massey (1978) 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15), we need not reach the question whether his right to a speedy trial was violated."

Footnote 2 is inserted following the words "traffic with Paul Harmon" in the same paragraph.

The text of footnote 2 shall read as follows:

"We have examined Cohn's speedy trial claim and are satisfied it does not meet the four-part test laid down by the Supreme Court in Barker v. Wingo (1972) 407 U.S. 514, 530-33, 92 S.Ct. 2182, 33 L.Ed.2d 101."

The Government's petition for rehearing is denied.

* Honorable Samuel P. King, Chief Judge, United States District Court, District of Hawaii, sitting by designation.

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37 cases
  • State v. Thompson
    • United States
    • Connecticut Supreme Court
    • September 6, 1983
    ...a relevant although not a dispositive factor in minimization. United States v. Santora, 600 F.2d 1317, 1320 (9th Cir.), modified, 609 F.2d 433 (9th Cir.1979); United States v. Suquet, 547 F.Supp. 1034, 1042 (N.D.Ill.1982); contra, United States v. Feldman, supra, 678 n. 10; United States v.......
  • US v. Cheely
    • United States
    • U.S. District Court — District of Alaska
    • November 16, 1992
    ...that it made reasonable efforts to minimize the intrusion. United States v. Santora, 600 F.2d 1317, 1320 (9th Cir.1979), modified, 609 F.2d 433. Consistent with the general rules governing motion practice, the burden is then on the defendants to submit evidence to establish a dispute about ......
  • United States v. Costello
    • United States
    • U.S. District Court — Northern District of Illinois
    • June 10, 1985
    ...cert. denied 444 U.S. 981, 100 S.Ct. 484, 62 L.Ed.2d 408 (1979) (drugs); United States v. Santora, 600 F.2d 1317, 1318-24 amen'd. 609 F.2d 433 (9th Cir.1979); (drugs and stolen goods); United States v. Martin, 599 F.2d 880, 886-87 (9th Cir.) cert. denied 441 U.S. 962, 99 S.Ct. 2407, 60 L.Ed......
  • State v. Pemberthy
    • United States
    • New Jersey Superior Court — Appellate Division
    • April 5, 1988
    ...122 N.J.Super. 319, 326-327, 300 A.2d 346 (App.Div.1973). United States v. Santora, 600 F.2d 1317 (9th Cir.1979), mod. in part 609 F.2d 433 (1979), relied upon by Pemberthy, is inapposite. The court there was concerned with the validity of four interception orders and "[ n]o showing was mad......
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