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 | | NICODEMO S. *Donald F. Manno, Appellant *(Pursuant to F.R.A.P. 12(a)) Appeal from the United States District Court For the District of New Jersey D.C. No.: 00-cr-00404-1 District Judge: Honorable Nicholas H. Politan Argued: July 19, 2001 Before: SCIRICA, RENDELL, and ROSENN, Circuit Judges. |
 | | The article concerned a controversial means of surveillance used to acquire evidence against Scarfo.1 Both Manno and the prosecutor predicted the filing of a pretrial motion contesting the legality of the Government's surveillance technique.2 On December 5, 2000, the District Court held a previously scheduled hearing. |
 | | On January 10, 2001, the District Court held a hearing concerning Scarfo's retention of new counsel and, again, the Court spent much of the hearing discussing the injunction with Manno: The Court: It was brought to my attention that there was an article in the Philadelphia paper. |
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