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UNITED STATES v. MELANSON

No. 80-1445.

691 F.2d 579 (1981)

UNITED STATES of America, Appellant, v. James W. MELANSON, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 23, 1981.

As Amended on Denial of Rehearing April 29, 1981.

Mandate Issued October 15, 1981.

Attorney(s) appearing for the Case

James F. X. Dineen, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for appellant.

Michael J. Liston, Boston, Mass., with whom Douglas H. Wilkins and Palmer & Dodge, Boston, Mass., were on brief, for defendants-appellees.

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

LEVIN H. CAMPBELL, Circuit Judge.

The United States appeals from the district court's order granting the motion of James Melanson to suppress statements that he made in the course of an initial hearing before a United States Magistrate.

I.

On February 7, 1980, James Melanson and Edwina Cyr were arrested by agents of the Bureau of Alcohol, Tobacco and Firearms. According to the government, the events leading up to their arrest were as follows: Earlier...

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