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UNITED STATES v. ABRAMS

No. 79-1073.

615 F.2d 541 (1980)

UNITED STATES of America, Appellant, v. Maurice ABRAMS, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided January 22, 1980.

Attorney(s) appearing for the Case

Paul F. Healy, Jr., Asst. U. S. Atty., Deputy Chief, Crim. Div., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellant.

Albert F. Cullen, Jr., Boston, Mass., with whom Marshall F. Newman, Newman & Newman, P. C., and Cullen & Wall, Boston, Mass., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

The issue before us is the validity of a search warrant. The government has appealed a suppression order of the United States District Court, pursuant to 18 U.S.C. § 3731.1 The court found the warrant invalid on two grounds:

(1) that the magistrate was not given an opportunity to exercise his discretion on passing on the warrant because the affidavit failed to state that the information on which it...

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