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UNITED STATES v. MASTROIANNI

Nos. 83-1910, 83-1913, 83-1925, 83-1966, 84-1027 to 84-1029.

749 F.2d 900 (1984)

UNITED STATES of America, Appellee, v. David MASTROIANNI, Defendant, Appellant. UNITED STATES of America, Appellee, v. Dennis SAGAN, Defendant, Appellant. UNITED STATES of America, Appellee, v. Joseph P. BARKETT, Defendant, Appellant. (Two Cases.) UNITED STATES of America, Appellee, v. Joseph C. PIOGGIA, Defendant, Appellant. In re Grand Jury. (Two cases). Appeal of Joseph P. BARKETT. Appeal of Joseph C. PIOGGIA. UNITED STATES of America, Appellee, v. Joseph P. BARKETT, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 1984.

Attorney(s) appearing for the Case

Nancy Gertner, Boston, Mass., with whom Judith Mizner, and Silverglate, Gertner, Baker & Fine, Boston, Mass., were on brief, for Joseph P. Barkett and Joseph C. Pioggia, appellants.

Andrew Good, Boston, Mass., with whom John J. Barter, Boston, Mass., was on brief, for David Mastroianni, appellant.

Alfred Paul Farese, Everett, Mass., with whom Michael F. Natola, Everett, Mass., was on brief, for Dennis Sagan, appellant.

Harry C. Mezer, Boston, Mass., with whom Alan Dershowitz, Cambridge, Mass., Mass. Ass'n of Criminal Defense Lawyers, Ephraim Margolin, Denver, Colo., Nat. Ass'n for Criminal Defense Lawyers, John Reinstein, Boston, Mass., Civil Liberties Union of Massachusetts, were on brief, for Joseph P. Barkett, Joseph C. Pioggia and David Mastroianni, appellants, amicus curiae.

Robert S. Mueller, III, Asst. U.S. Atty., San Francisco, Cal., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

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

COFFIN, Circuit Judge.

This is a consolidated appeal by four defendants from their convictions for conspiracy to distribute cocaine. Defendants raise six issues on appeal, each concerning a ruling made on a pretrial motion. For the reasons set forth below, we affirm the district court's rulings.

A. BACKGROUND

1. Factual

The basic facts concerning defendants' drug distribution activity and their prosecution are as follows.

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