United States v. Robert Lewis Grego and Joseph Astling

JOHN R. GIBSON, Circuit Judge.

Robert Grego and Joseph Astling were convicted of violation of 21 U.S.C. § 846 (1981), conspiring to possess and distribute marijuana. Astling was also convicted of two counts of using the telephone to facilitate the alleged conspiracy in violation of 21 U.S.C. § 843(b) (1981). Both argue on appeal that: (1) a taped conversation with a government informant should have been suppressed because they were at the time under indictment in Georgia, (2) a radio transmitter seized during a warrantless search of the truck should have been excluded from evidence, (3)…