United States v. Dikran Berberian

Berberian appeals his conviction by a jury of conspiracy to bomb, 18 U.S.C. §§ 371 and 844 (1982), and aiding and abetting transportation of explosive materials, 18 U.S.C. § 844 (d) (1982). Berberian contends 1) the evidence was insufficient to support his conspiracy conviction; 2) the evidence was insufficient to support his conviction of aiding and abetting transportation of explosive material; 3) his case should have been dismissed for violation of the Speedy Trial Act, 18 U.S.C. § 3162 (1982); 4) reassignment of his case to Judge Real violated due process and local rules and entitles him to a new trial; 5) the government was required to obtain wiretap authorization under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Title III), 18 U.S.C. §§ 2510-2521 (1986), not under the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. §§ 1801-1811 (1982); 6) the district court should have disclosed the government’s ex parte in camera submission of classified information. We affirm.

FACTS AND PROCEEDINGS BELOW

In September of 1982 the FBI, as part of an investigation of Armenian terrorist groups, obtained authorization from the United States Foreign…