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UNITED STATES v. RUIZ-ESTRELLA

No. 72 Cr. 607.

362 F.Supp. 660 (1973)

UNITED STATES of America, v. Vinicio E. RUIZ-ESTRELLA, Defendant.

United States District Court, E. D. New York.

August 20, 1973.

Attorney(s) appearing for the Case

Paul B. Bergman, Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., of counsel), for Government.

E. Thomas Boyle, St. James, N. Y. (Robert Kasanof, New York City, of counsel), for defendant.

DOOLING, District Judge.

The Court of Appeals, on appeal from a nonjury conviction, based on the agreed use as the trial record of the evidence taken at the suppression hearing, reversed on the grounds that the search was constitutionally invalid and that the suppression hearing had been unconstitutionally conducted, and the Court concluded its opinion, 2 Cir., 481 F.2d 723 p. 730.

"We thus conclude that the seizure of the...

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