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UNITED STATES v. PASTORE

No. 382, Docket 71-1450.

456 F.2d 99 (1972)

UNITED STATES of America, Appellant, v. Joseph Michael PASTORE and Frank Paul De Angelis, Appellees.

United States Court of Appeals, Second Circuit.

Decided February 28, 1972.

Attorney(s) appearing for the Case

David G. Trager, Asst. U.S. Atty., E. D.N.Y. (Robert A. Morse, U.S. Atty., E.D.N.Y., and Edward R. Korman, Asst. U.S. Atty., of counsel), for appellant.

Nathan Kestnbaum, New York City, for appellee Pastore.

H. Elliot Wales, New York City, for appellee De Angelis.

Before MEDINA, KAUFMAN and TIMBERS, Circuit Judges.

PER CURIAM:

The government asks us to overrule our recent decision in United States v. Price, 447 F.2d 23, 29 (2d Cir.1971), holding that a defendant charged with possession of stolen goods ipso facto has standing to move for suppression of evidence seized in violation of the fourth amendment.

We all agree that we should follow the Price decision which decided this issue and which followed Jones v. United States...

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