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ROSENCRANZ v. UNITED STATES

Nos. 6113, 6115, 6235.

334 F.2d 738 (1964)

Samuel ROSENCRANZ, Defendant, Appellant, v. UNITED STATES of America, Appellee. Anthony DiPIETRO, Defendant, Appellant, v. UNITED STATES of America, Appellee. Frank ROMANO, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

July 8, 1964.

Attorney(s) appearing for the Case

Joseph J. Balliro, Boston, Mass., with whom Albert L. Hutton, Jr., Boston, Mass., was on brief, for appellants.

William E. McKinley, Asst. U. S. Atty., with whom Alton A. Lessard, U. S. Atty., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

On March 3, 1964 this court handed down its opinion in this case affirming the judgment of the United States District Court for the District of Maine. On March 23, 1964 the Supreme Court decided the case of Preston v. United States, 376 U.S. 364, 84 S.Ct. 881, 11 L.Ed.2d 777 (1964), holding that the search of an automobile without a warrant soon after its occupants...

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