UNITED STATES v. RIQUELMY

No. 451, Docket No. 77-1385.

572 F.2d 947 (1978)

UNITED STATES of America, Appellant, v. Candido Natal RIQUELMY and Felix Lopez, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 16, 1978.


Attorney(s) appearing for the Case

Alvin A. Schall, Asst. U. S. Atty., Brooklyn, N. Y. (David G. Trager, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., of counsel), for appellant.

Edwin Schulman, Brooklyn, N. Y. (Schulman & Laifer, Brooklyn, N. Y., of counsel), for appellee Riquelmy.

Julian G. Linker, New York City (Linker & Linker, New York City, of counsel), for appellee Lopez.

Before LUMBARD, SMITH and MANSFIELD, Circuit Judges.


MANSFIELD, Circuit Judge:

The Government appeals from an order of the United States District Court for the Eastern District of New York, Mark A. Costantino, Judge, granting appellees' motion to suppress as evidence a quantity of heroin seized from a co-defendant.1 All three men were charged in three counts with conspiracy to possess heroin with intent to distribute, 21 U.S.C. § 846 (Count One), possession of heroin with intent...

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