Dalton

MEMORANDUM *

John Dalton challenges the district court’s decisions denying his motions to (1) dismiss the indictment; (2) grant a new trial, or, in the alternative, hold a Rem-mer 1 hearing; and (3) set aside his conviction on one count of operating a continuing criminal enterprise (“CCE”). Dalton also appeals the district court’s imposition of an alternative sentence. We have jurisdiction under 28 U.S.C. § 1291 . We reject Dalton’s claims and affirm.

We recite here only those facts necessary to explain our decision.

I. BACKGROUND

On October 10, 1996, a grand jury returned a twelve count superceding indictment charging Dalton with conducting a continuing criminal enterprise (“CCE”), multiple counts of conspiracy to manufacture marijuana, manufacturing marijuana, possessing with intent to manufacture marijuana, and witness tampering, in violation of 18 U.S.C. § 1512 (b)®, 21 U.S.C. §§ 841 (a)(1), 846, and 848.

Following an evidentiary hearing on Dalton’s motion to dismiss the indictment and the government’s motion to determine the admissibility of certain recordings, the district court excluded the bedroom recordings of conversations between Dalton and his then wife…