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UNITED STATES v. COMO

No. 311, Docket 29093.

340 F.2d 891 (1965)

UNITED STATES of America, Appellee, v. Anthony COMO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 26, 1965.

Attorney(s) appearing for the Case

Nanette Dembitz, The Legal Aid Society, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellant.

Martin R. Gold, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty., for Southern District of New York, John S. Martin, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before SMITH, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

This appeal turns on whether the District Court was justified in denying defendant Como's pretrial motion, under Rule 41(e) (1) of the Federal Rules of Criminal Procedure, to suppress evidence seized during an allegedly illegal search. Como was convicted, after a jury trial, for violating 21 U.S.C. §§ 173, 174, by receiving, concealing, and facilitating the transportation and concealment of illegally imported heroin. The statutory...

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