United States v. McTiernan, No. 10-50500 (9th Cir. 2012)
Annotate this CaseThis case arose when defendant, a Hollywood movie director, hired a former private investigator to illegally wiretap the telephone conversations of two individuals. Defendant was subsequently convicted of two counts of making a material false statement to the FBI and of one count of making a false statement to the district court during his guilty-plea hearing. On appeal, defendant challenged the district court's denial of his motion to suppress a telephone conversation, and in the alternative, defendant sought remand for an evidentiary hearing on the issue. Because the recording was not made for the purpose of committing a criminal or tortious act, the court concluded that the district court did not err in denying the motion to suppress. The court also held that the district court did not abuse its discretion in declining to hold an evidentiary hearing. Finally, the district court did not abuse its discretion in denying defendant's two motions for recusal of the district court judge.
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