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UNITED STATES v. CASTELLANA

No. 73-2259.

488 F.2d 65 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Salvatore CASTELLANA a/k/a Sam Castellana, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted March 1, 1974.

Attorney(s) appearing for the Case

John L. Briggs, U.S. Atty., Harvey E. Schlesinger, Asst. U.S. Atty., Jacksonville, Fla., Claude H. Tison, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellant.

Henry Gonzales, Thomas J. Hanlon, Tampa, Fla., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and INGRAHAM, Circuit Judges.

Rehearing En Banc Granted March 1, 1974.

THORNBERRY, Circuit Judge:

Castellana was indicted for being a felon in possession of a firearm that has moved in interstate commerce, a violation of 18 U.S.C. App. § 1202(a). He made motions to suppress four handguns and certain statements on the grounds they were obtained in violation of his rights under the Fourth and Fifth Amendments. The Government here appeals the trial court's decision granting these motions...

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