UNITED STATES v. ZAICEK

No. 723, Docket 74-2662.

519 F.2d 412 (1975)

UNITED STATES of America, Appellant, v. Louis ZAICEK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 3, 1975.


Attorney(s) appearing for the Case

Frederick T. Davis, Asst. U. S. Atty., New York City (Paul J. Curran, U. S. Atty., S. D. N. Y., and John D. Gordan, III, Asst. U. S. Atty., on the brief), for appellant.

Albert A. Capellini, Elmsford, N. Y. (Vincent W. Lanna, Yonkers, N. Y., on the brief), for appellee.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.


LUMBARD, Circuit Judge:

The United States appeals from an order entered on November 18, 1974, in the Southern District granting defendant Louis Zaicek's motion to suppress as evidence the contents of an attache case discovered in a stolen car and from an order entered December 10, 1974, which denied the government's motion for rehearing. We reverse.

Zaicek was charged with two counts of possession of stolen mail in...

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