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UNITED STATES v. DELGUYD

No. 76-1116.

542 F.2d 346 (1976)

UNITED STATES of America, Appellant, v. Anthony F. DELGUYD and Santo Maimone, Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1976.

Rehearing Denied November 1, 1976.

Attorney(s) appearing for the Case

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, Reuben H. Wallace, Jr., T. George Gilinsky, Sidney M. Glazer, Washington, D. C., for appellant.

Elmer A. Giuliani, Cleveland, Ohio, for Delguyd.

Gerald Gold, Gold, Rotatori, Messerman & Hanna, Robert J. Rotatori, Niki Schwartz, Cleveland, Ohio, for Santo Maimone.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

WEICK, Circuit Judge.

The government has appealed from an order of the United States District Court for the Northern District of Ohio suppressing evidence seized by the FBI as the result of a warrantless entry into the residence of Appellee, Santo Maimone. Although the evidence suppressed had been seized pursuant to a search warrant, the affidavit supporting the application for the warrant contained facts learned by FBI agents when they broke into an apartment in...

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