United States v. Martin Willard Houltin and Kenneth B. Phillips

AINSWORTH, Circuit Judge:

This direct criminal appeal presents two issues. First, does the taint from illegal wiretaps extend to the evidence provided by the testimony of codefendants who, without standing to object to the wiretaps, were convicted as a result thereof and then testified under a grant of use immunity against defendants who did have standing? Second, does the Double Jeopardy Clause of the fifth amendment bar the retrial of defendants whose convictions were reversed because the evidence used to convict them resulted from illegal wiretaps?

On October 17, 1974, a jury convicted…