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U.S. v. STEPHENS

No. 2:01-CR-66-01.

202 F.Supp.2d 1361 (2002)

UNITED STATES of America v. Kenneth STEPHENS

United States District Court, N.D. Georgia, Gainesville Division.

April 25, 2002.

Attorney(s) appearing for the Case

H. Allen Moye, Office of the United States Attorney, Atlanta, GA, for Plaintiff.

Donald F. Samuel, Garland, Samuel & Loeb, Atlanta, GA, for Defendant.

MEMORANDUM OPINION

O'KELLEY, Senior District Judge.

At issue in this case is whether, in a criminal prosecution, the government may properly authenticate audio and video surveillance tapes, and thus satisfy the prerequisites for admissibility under the Federal Rules of Evidence, even though the only person present and participating in the electronically recorded conversations, other than the defendant himself, is deceased.

I. Procedural History...

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