U.S. Court of Appeals for the First Circuit, 1974

In re LoChiatto

U.S. Court of Appeals for the First Circuit · Decided July 26, 1974

500 F.2d 434 (Federal Reporter, Second Series)

Counsel

Henry D. Katz, Boston, Mass., for appellants., Joel M. Friedman, Sp. Atty., U. S. Dept, of Justice, with whom James N. Gabriel, U. S. Atty., and Gerald E. McDowell, Sp. Atty., U. S. Dept, of Justice, were on brief for appellee.

Cases that cite this one

1 later published case cites this decision.

Commonwealth v. Vitello (Mass. 1975)

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Opinion of the Court

PER CURIAM.

In this appeal appellants’ principal contention is that they were entitled to additional discovery, beyond that authorized in In re LoChiatto, 497 F.2d 803, (1st Cir. 1974), because a portion of a *435government affidavit indicates alleged failure to minimize use of wiretaps by the government. This contention is frivolous. The brief conversation about dinner relied upon by appellants, which came in the midst of other intercepted conversations relating to apparent criminal activities, in no meaningful way suggests a failure to minimize. The remaining issues raised by appellants are also without merit.

We reject appellants’ suggestion that the Supreme Court’s recent action reversing and remanding In re Marcus, 491 F.2d 901 (1st Cir. 1974), signifies and diminishment of LoChiatto as a controlling precedent in this circuit.

Affirmed.

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