Government'S Response To Defendant'S Motion For Reconsideration, Or, in The Alternative, For A Stay of Proceedings
Government'S Response To Defendant'S Motion For Reconsideration, Or, in The Alternative, For A Stay of Proceedings
erroneous contention that the Court based its March 22, 1993,
Order denying the defendant's Motion to Dismiss the Indictment
(hereinafter "Order") on two cases, United States v. Heinz, 983
F.2d 609 (5th Cir. 1993) and United States v. Lopez, 765 F.Supp.
1433 (N.D.Cal. 1991), vacated, 1993 U.S. App. LEXIS 4869 (9th
Cir. 1993). In fact, the Court conducted an extensive legal
the Court held that the defendant had failed to make the
necessary showing under applicable law to warrant dismissal of
the indictment. The Court stated that he "failed to show that he
has been legally deprived of effective assistance of counsel" and
that his "lack of confidence in the competence of his attorney is
not sufficiently prejudicial to warrant dismissal of the
courts that have confronted this issue have concluded that such
pre-indictment consensual tape recordings are a legitimate
investigative technique by law enforcement agencies." Order, p.
6. The Court elaborated on this point by noting the Fifth
Circuit's recent decision in Heinz, overturning the suppression
of pre-indictment consensually-monitored conversations between a
caselaw.
II
THE DEFENDANT'S REQUEST FOR A STAY OF THE
PROCEEDINGS IS UNWARRANTED AND SHOULD BE DENIED
III
States v. Ryans, 903 F.2d 731, 734 (10th Cir.), cert. denied, 498
U.S. 855 (1990); United States v. Sutton, 801 F.2d 1346, 1366
(D.C. Cir. 1986); United States v. Fitterer, 710 F.2d 1328, 1333
(8th Cir.) cert. denied, 464 U.S. 852 (1983); United States v.
Kenny, 645 F.2d 1323 (9th Cir.), cert. denied 452 U.S. 920
(1981), pre-indictment consensual monitoring is a legitimate
CONCLUSION
"/s/"
JANE E. PHILLIPS
"/s/"
JOAN E. MARSHALL
"/s/"
MARK R. ROSMAN
Attorneys
Department of Justice
Antitrust Division
Earle Cabell Federal Bldg.
1100 Commerce Street, Room 8C6
Dallas, Texas 75242-0898
(214) 767-8051
CERTIFICATE OF SERVICE
"/s/"
JANE E. PHILLIPS
Attorney
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ORDER