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Gregory Scarpa, Jr., appeals from a judgment of conviction entered on February 27, 1989, after a jury trial, in the United States District Court for the Eastern District of New York (Glasser, J.). Defendant was found guilty of conducting a racketeering enterprise in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c) (1988); engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848(a) (1982 & Supp. V 1987); conspiring to distribute marijuana in violation of 21 U.S.C. § 846 (1982); distributing marijuana in violation of 21 U.S.C. § 841(a)(1) (1982); and two counts of conspiring to commit extortion, and one count of extortion, in violation of 18 U.S.C. § 1951 (1988).

Judge Glasser sentenced Scarpa to terms of imprisonment of twenty years on the RICO, continuing criminal enterprise, extortion and extortion conspiracy counts; five years on the conspiracy to distribute marijuana count; and five years on the distribution of marijuana count. Judge Glasser also sentenced Scarpa to a five year term of special probation on the distribution of marijuana count, and imposed a $350 special assessment covering all counts. All prison terms were concurrent.

Scarpa contends on appeal that the district court erred in refusing to suppress statements he made after his arrest to an agent of the Drug Enforcement Administration ("DEA"). See United States v. Scarpa, 701 F.Supp. 379 (E.D.N.Y.1988). He asserts also that the district court erred in refusing to permit discovery of tape 65*65 recordings made by law enforcement authorities using a hidden microphone, which the government contends, and the district court found, reveal neither incriminating nor exculpatory evidence relevant to his case.

For the reasons that follow, we affirm.


897 F.2d 63 (1990)

UNITED STATES of America, Appellee,


Gregory SCARPA, Jr., Defendant-Appellant.

No. 303, Docket 89-1101. United States Court of Appeals, Second Circuit.

Argued October 30, 1989. Decided February 23, 1990.

New York Law School location: File #847, Box #124