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U.S. v. MESA-RINCON

Nos. 88-2459, 88-2539.

911 F.2d 1433 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Joaquin Emilio MESA-RINCON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Peter Scott STOPPE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 16, 1990.

Attorney(s) appearing for the Case

Michael L. Harris, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with him on the brief), Kansas City, Kan., for defendant-appellant Mesa-Rincon in 88-2459.

Robert S. Streepy, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., and Leon J. Patton, Asst. U.S. Atty., on the brief), D.Kan., Kansas City, Kan., for plaintiff-appellee in 88-2459.

Robert M. Haggard, Miami, Fla., submitted on the brief, for defendant-appellant Stoppe in 88-2539.

Benjamin L. Burgess, Jr., U.S. Atty., and Leon J. Patton, Asst. U.S. Atty., D.Kan., Kansas City, Kan., submitted on the brief, for plaintiff-appellee in 88-2539.

Before McKAY and BRORBY, Circuit Judges, and BOHANON, Senior District Judge.

McKAY, Circuit Judge.

Defendants Mesa-Rincon and Stoppe appeal from a Judgment filed after their conviction under a conditional plea of guilty to counterfeiting. We consolidated the two appeals because they present virtually the same issues for review and the underlying facts are identical.

I. Facts

On March 15, 1988, the United States Secret Service applied for an order to authorize the interception of nonverbal conduct via closed circuit television...

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