Jesse Louis Jones v. United States

This is an appeal from a reinstated judgment of conviction for having illegally imported heroin and illegally concealed marijuana. (See Jones v. United States, 400 F.2d 134 (9th Cir. 1968) and 395 U.S. 462 , 89 S.Ct. 2022 , 23 L.Ed.2d 445 (1969)). The Solicitor General confessed the possibility of illegal surveillance.

Having read Exhibit 1, sealed by the District Court Judge after he had examined it, and finding from a perusal thereof, as he did (Tr., p. 21, lines 3-5), that the electronic surveillance to which the Solicitor General referred in his representation made to the Supreme Court on the appeal in this case, related in its entirety to a person other than the appellant herein, Jesse Louis Jones, we find and hold “that there was no electronic surveillance of this defendant, Mr. Jones,” that therefore no record of any electronic surveillance exists in Exhibit 1 as to which petitioner Jones has standing to object or to take advantage.

We hold, therefore, that appellant is not entitled to see or read said Exhibit 1; that there exists no taint in the evidence introduced against appellant; that the requirements of Alderman v. United States, 394 U.S. 165 , 89 S.Ct. 961 , 22…