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UNITED STATES v. VIGO

No. 918, Docket 73-1133.

487 F.2d 295 (1973)

UNITED STATES of America, Appellant, v. Robert VIGO and Carmen Pagan, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 11, 1973.

Attorney(s) appearing for the Case

Lawrence S. Feld, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., and John W. Nields, Jr., Asst. U. S. Atty., on the brief), for appellant.

Russo Dubin & Goldberg, New York City, on the brief, for defendants-appellees.

Before LUMBARD, HAYS and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

The government appeals from an order of the Southern District, entered January 18, 1973, which suppressed certain evidence relating to the prosecution of Robert Vigo and Carmen Pagan, who were indicted on August 11, 1972, for possession of heroin with intent to distribute it, in violation of 21 U.S.C. §§ 812, 841(a) (1), and 841(b) (1) (A), and for conspiracy to violate these sections (18 U.S.C. § 2). Prior to trial defendants...

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