United States v. David Gartner

BARTELS, District Judge:

Appellant David Gartner appeals from a judgment after a non-jury trial before Charles E. Stewart, Jr., District Judge, finding him guilty of distribution of cocaine and conspiracy in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), and of perjury in violation of 18 U.S.C. § 1623.

The sole basis for the appeal is that the Government in its zeal to apprehend criminals became a law breaker in deliberately and surreptitiously taping a conference between Gartner, his attorney Bloom, and a co-defendant known to be cooperating with the Government. Gartner claims that…