United States v. Balbino Dejesus Tavarez, A/K/A Munchie
Court of Appeals for the Tenth Circuit
1Opinion of the Court
TACHA Circuit Judge.
I. Background
On June 2, 1993, defendant Balbino DeJe-sus Tavarez (a.k.a. “Munchie”) was indicted for one count of conspiracy to possess with intent to distribute methamphetamine and cocaine in violation of 21 U.S.C. § 841(a)(1). The government’s only evidence against defendant consisted of taped telephone conversations between defendant and several code-fendants. This evidence was obtained by a court-ordered wiretap of a codefendant’s telephone. After the district court denied defendant’s motion to suppress the wiretap evidence, defendant pleaded guilty to conspiracy.…
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