United States v. Grego

JOHN R. GIBSON, Circuit Judge. Robert Grego and Joseph Astling were convicted of violation of 21 U.S.C. § 846 (1981), conspiring to possess and distribute marijuana. Astling was also convicted of two counts of using the telephone to facilitate the alleged conspiracy in violation of 21 U.S.C. § 843(b) (1981). Both argue on appeal that: (1) a taped conversation with a government informant should have been suppressed because they were at the time under indictment in Georgia, (2) a radio transmitter seized during a warrantless search of the truck should have been excluded from evidence, (3) motions of acquittal should have been sustained because there was no evidence of conspiracy, and (4) the tape should have been suppressed because it was inaudible. We affirm the judgment of the district court.1