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UNITED STATES v. CASTELLANA

No. 73-2259.

500 F.2d 325 (1974)

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

United States Court of Appeals, Fifth Circuit.

September 6, 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., Mervyn Hamburg, Dept. of Justice, Crim. Div., Washington, D. C., for plaintiff-appellant.

Henry Gonzalez, Thomas J. Hanlon, Tampa, Fla., for defendant-appellee.

Before BROWN, Chief Judge, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges, and INGRAHAM, Senior Circuit Judge.

GEE, Circuit Judge:

The United States appeals from suppression1 of two answers and four pistols as evidence in Castellana's trial for possessing, as a convicted felon, firearms transported in interstate commerce. 18 U.S.C. App. § 1202(a). In main, we reverse.

On August 4, 1972, Castellana was running a drive-in grocery in Tampa, Florida, on premises comprising a main business room...

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