United States v. George Enos Cabral

In United States v. Scully, 546 F.2d 255 (9th Cir. 1976), we reviewed the conviction of George Cabral for violating certain narcotics laws. Some of the evidence used at trial against Cabral had been gleaned by wiretaps. On appeal Cabral argued (1) that the government had not complied with section 2518(l)(b)(iv) of the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) in that he was a person “known” by government agents to be engaged in the heroin scheme but was not named by them in the various wiretap applications, and (2) that the evidence gathered from the wiretaps issued in response to these defective applications should have been suppressed. We agreed with Cabral as to some of the applications, and therefore we reversed his conviction and remanded his cause to the district court for further proceedings consistent with our opinion. 546 F.2d at 263—66 and 271.

On February 28,1977, the Supreme Court of the United States granted certiorari upon the petition of the United States and upon consideration thereof vacated the judgment and remanded the cause to this court for further consideration in the light of United States v. Donovan, 429 U.S. 413 , 97 S.Ct. 658 , 50…