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UNITED STATES v. BARLETTA

Nos. 80-1220, 80-1456.

644 F.2d 50 (1981)

UNITED STATES of America, Appellant, v. John R. BARLETTA, Defendant, Appellee. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, First Circuit.

Decided March 17, 1981.

Attorney(s) appearing for the Case

Amos Hugh Scott, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on briefs, for appellant.

Marshall D. Stein, Boston, Mass., with whom Julian Soshnick, Boston, Mass., was on briefs, for appellee.

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

COFFIN, Chief Judge.

The government seeks in this case to compel a district court to rule prior to the retrial of a criminal prosecution on a government motion to admit certain evidence at that retrial. The central issue raised by this effort, arising out of the complex interplay of 18 U.S.C. § 3731 and Rule 12 of the Federal Rules of Criminal Procedure, is whether and under what circumstances a district court may defer such a ruling until trial under Rule 12...

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