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UNITED STATES v. PALUMBO

No. 82-1102.

742 F.2d 656 (1984)

UNITED STATES of America, Appellee, v. Ralph Joseph PALUMBO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 1984.

Opinion on Rehearing September 14, 1984.

Attorney(s) appearing for the Case

David Levy, Jamaica Plain, Mass., by appointment of the Court, with whom Taff, Levy & Presley, Jamaica Plain, Mass., was on brief, for defendant, appellant.

Helen J. Forsyth, Asst. U.S. Atty., Concord, N.H., with whom W. Stephen Thayer, III, U.S. Atty., Richard F. Johnston, Asst. U.S. Atty., Concord, N.H., was on brief, for appellee.

Before BOWNES, Circuit Judge, ALDRICH and SKELTON, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

In this proceeding Ralph J. Palumbo appeals his three-count conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Although there was a warrantless police entry and occupancy of Palumbo's home subsequent to his arrest that violated the fourth amendment, it had no consequences, and we hold it did not taint items later discovered and seized as the result...

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