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UNITED STATES v. CHADWICK

No. 75-1165.

532 F.2d 773 (1976)

UNITED STATES of America, Appellant, v. Joseph A. CHADWICK et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 29, 1976.

Attorney(s) appearing for the Case

Lawrence P. Cohen, Asst. U. S. Atty., Deputy Chief, Crim. Div., Boston, Mass., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellant.

Jeanne Baker, Cambridge, Mass., with whom Rosenberg & Baker, Cambridge, Mass., Martin G. Weinberg and Oteri & Weinberg, Boston, Mass., were on brief, for Joseph A. Chadwick, appellee; Robert L. Steadman, Boston, Mass., on brief for Bridget Ann Leary, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, THOMSEN, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The United States has appealed under 18 U.S.C. § 3731 from the district court's allowance of motions to suppress evidence.

Chadwick, Machado, and Leary, following their arrest on May 10, 1973, were indicted for possession of marijuana with intent to distribute and for conspiracy. 21 U.S.C. §§ 841(a)(1) and 846. Prior to their trial, they moved to suppress evidence of marijuana seized from a footlocker, two suitcases...

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