United States v. Joe Belmontes Anaya, and Henry Timothy Zavala

NELSON, Circuit Judge:

The government appeals the district court’s dismissal of indictments against two Parlier police officers. The officers were accused of bugging a closed executive session of the Parlier City Council in violation of 18 U.S.C. § 2511(l)(b)(ii) 1 which pro scribes the use of an electrical or mechanical device to intercept an oral communication. This case presents the novel question of whether section 2511(l)(b)(ii) requires a showing of an effect on interstate or foreign commerce.

I. Background

The parties stipulated to the following facts:

On or about October 27,1981, the…