U.S. v. Vastola

This appeal concerns the governments obligation to seal recordings from electronic surveillance and the consequences from failing to seal under Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (Wiretap Act), as amended, 18 U.S.C. § 2510 et seq. After we affirmed the judgments of conviction against Gaetano Vastola and Elias Saka for various racketeering and extortion charges, the Supreme Court vacated our judgment and remanded for further proceedings consistent with United States v. Ojeda Rios, 495 U.S. 257, 110 S. Ct. 1845, 109 L. Ed. 2d 224 (1990), which construed that section of the Wiretap Act at issue here. On remand, the judgments of conviction were ultimately reinstated and Vastola and Saka appeal once more. We must determine whether under Ojeda Rios the district court erred when it refused to suppress evidence adduced from certain electronic surveillance tapes.