UNITED STATES v. CALANDRA

No. 71-1999.

455 F.2d 750 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. John P. CALANDRA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 15, 1972.


Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, David Margolis, Robert D. Gary, Steven R. Olah, Roger A. Pauley, Shirley Baccus-Lobel, Attys. United States Dept. of Justice, Washington, D. C., for appellant on the brief.

Robert J. Rotatori, Cleveland, Ohio, for appellee on motion to dismiss.

Before WEICK, EDWARDS and KENT, Circuit Judges.


PER CURIAM.

Appellee Calandra has moved to dismiss the Government's appeal for lack of jurisdiction. The appeal had been taken from an order of the District Court, 332 F.Supp. 737, granting Calandra's pre-indictment motion to suppress evidence and to return property illegally seized. The ground of the motion to dismiss is that Title 18 U.S.C. § 3731 authorizes an appeal by the Government from a suppression order only in a...

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