Nature of the Case
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Facts
D was convicted of illegally intercepting telephone conversations of his estranged wife. The district judge then granted D's motion for an acquittal as the government failed to prove that South Central Bell Telephone Company was a common carrier a requirement for guilt under the federal statute that D was tried under. The government appealed the ruling and urged that judicial notice be taken. The government had not requested such judicial notice during the trial but relied upon Rule 201(f) that judicial notice may be taken at any stage of the proceeding.
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