UNITED STATES v. FREIRE

No. 82-5314.

710 F.2d 1515 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Raul FREIRE, Antonio Maria Rubio, Jorge Mastrapa, and Hector Guillermo Pupo, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 28, 1983.


Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., Miami, Fla., Richard H. Kamp, Michael B. Cohen, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Paul Morris, Miami, Fla., for defendants-appellees.

Before KRAVITCH and JOHNSON, Circuit Judges, and LYNNE, District Judge.


Rehearing and Rehearing En Banc Denied September 28, 1983.

KRAVITCH, Circuit Judge:

This case presents the question whether the recent Supreme Court holding in United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), applies retroactively. We determine that it does. Hence we reverse the district court's order suppressing the evidence seized from appellees' briefcases and remand the case for trial.<...

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