United States of America, Plaintiff-appellee, v. J. W. Robinson, Mario Escandar, Carlos Escandar, Aleidajiminez, Georgina Lafont-escandar, Margarita Arcedearmas, Defendants-appellants, 496 F.2d 225 (5th Cir. 1974)
Annotate this CaseDonald I. Bierman and Henry R. Carr, Miami, Fla., court appointed counsel, for Robinson.
Donald I. Bierman, Bierman, Sonnett & Beiley P.A., Miami, Fla., for M. Escandar, C. Escandar, Jiminez, Lafont-Escandar.
James J. Hogan and Alan E. Weinstein, Miami Beach, Fla. (Court-appointed), for Margarita Arce DeArmas.
Jose E. Martinez, Jerome P. Ullman, George A. Kokus, Asst. U.S. Attys., Miami, Fla., John J. Robinson, Atty. U.S. Dept. of Justice, Crim. Div., Washington, D.C., for plaintiff-appellee.
Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.
PER CURIAM:
On our previous consideration of this appeal we remanded the case to the district court for an evidentiary hearing to determine whether wiretap applications were properly authorized under 18 U.S.C.A. 2516(1). United States v. Robinson, 5 Cir. 1973, 472 F.2d 973 (en banc).
The district court, after an extensive hearing, determined that the wiretaps sub judice violated section 2516(1) in that the applications for electronic surveillance orders were not authorized by the Attorney General, or by an Assistant Attorney General specially designated by him.
Since the evidence used to convict the defendants is conceded to have eventuated from the improperly authorized wiretaps, such evidence was subject to exclusion under 18 U.S.C.A. 2515. United States v. Giordano, 1974, U.S., 94 S. Ct. 1820, 40 L. Ed. 2d 341 (42 L.W. 4642). The judgments of conviction are reversed and these appeals are remanded to the district court for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
