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UNITED STATES v. KRAWIEC

No. 79-1617.

627 F.2d 577 (1980)

UNITED STATES of America, Appellant, v. Edward KRAWIEC, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 19, 1980.

Attorney(s) appearing for the Case

George F. Kelly, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellant.

Michael O. Jennings, Springfield, Mass., with whom Cohen, Rosenthal & Price, P. C., Springfield, Mass., was on brief, for defendant, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and DAVIS, Judge, U. S. Court of Claims.

DAVIS, Judge.

The Government appeals, under 18 U.S.C. § 3731 (1976), from an order of the District Court suppressing evidence in a federal criminal case against defendant-appellee Krawiec. That indictment charged the receipt, possession and purchase of 521 cartons of untaxed cigarettes (totaling 104,200 individual cigarettes) in violation of 18 U.S.C. §§ 2342(a) (Supp. II 1978) and 2344 (Supp. II 1978) (requiring, for federal prosecution, a quantity...

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