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UNITED STATES v. ANNESE

Nos. 79-1539, 79-1540.

631 F.2d 1041 (1980)

UNITED STATES of America, Appellee, v. Jerald ANNESE, Defendant-Appellant. UNITED STATES of America, Appellee, v. Nicholas TAVANO, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Angelo P. Catanzaro, Boston, Mass., with whom Richard J. Vita, Boston, Mass., was on brief for appellant, Jerald Annese.

Richard J. Vita, Boston, Mass., for appellant Nicholas Tavano.

Sarah B. Criscitelli, Atty., Dept. of Justice, Washington, D.C., with whom Edward F. Harrington, U.S. Atty., and Martin D. Boudreau, Sp. Atty., Dept. of Justice, Boston, Mass., were on brief for appellee.

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

BOWNES, Circuit Judge.

Jerald Annese and Nicholas Tavano, defendants-appellants, appeal a jury conviction of manufacturing methamphetamine1 in violation of 21 U.S.C. § 841(a)(1), and conspiring to commit that offense in violation of 21 U.S.C. § 846. Another defendant, Howard Sorofman, was acquitted on both counts.

There are three issues to be considered on appeal: (1) refusal of the district court to suppress evidence...

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