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UNITED STATES v. SERINO

No. 76-1013.

564 F.2d 1 (1977)

UNITED STATES of America, Appellee, v. Dominic SERINO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 21, 1977.

Attorney(s) appearing for the Case

James N. Gabriel, U. S. Atty., Boston, Mass., Shirley Baccus-Lobel, Mervyn Hamburg, and Frederick Eisenbud, Attys., U. S. Dept. of Justice, Washington, D. C., on petition for rehearing and brief in support thereof, for appellee.

Henry D. Katz, Boston, Mass., on brief, for appellant.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, CAFFREY, District Judge.

ON PETITION FOR REHEARING

PER CURIAM.

In this appeal involving the gambling conviction of Serino, we held that "the district judge ... erred in denying Serino's request for the production of the wiretap transcripts of his conversations". We remanded for this to be done and for a fresh determination of whether, in light of the new information, there was taint so as to vitiate an independent basis for the finding of probable cause. United States v. Plotkin...

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