Roberts v. United States, 389 U.S. 18 (1967)

Roberts v. United States


No. 330


Decided October 16, 1967
389 U.S. 18

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

Court of Appeals held to have erred in denying petitioner’s alternative motion for an evidentiary hearing in the District Court to determine whether he was prejudiced by monitoring where it had granted his codefendant, following this Court’s remand in Levine v. United States, 383 U.S. 265, a new trial based on the Government’s disclosure that the FBI after the indictment had monitored conversations between the codefendant and the latter’s attorney.

Certiorari granted; 376 F.2d 993, vacated and remanded.