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UNITED STATES v. SAVOCA

No. 83-3510.

739 F.2d 220 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas James SAVOCA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 17, 1984.

Opinion on Granting of Rehearing September 20, 1984.

Attorney(s) appearing for the Case

Carl H. Miller (argued), Painesville, Ohio, for defendant-appellant.

J. Matthew Cain (argued), Randolph Baxter, Asst. U.S. Attys., Cleveland, Ohio, for plaintiff-appellee.

Before JONES and CONTIE, Circuit Judges, and PECK, Senior Circuit Judge.

CONTIE, Circuit Judge.

Thomas James Savoca appeals from his conviction by a jury on two counts of bank robbery. 18 U.S.C. § 2113(a) and (d). We hold that the search warrant used to seize incriminating evidence from a motel room occupied by Savoca at the time of his arrest was invalid under this court's ruling in United States v. Hatcher, 473 F.2d 321 (6th Cir.1973). We therefore reverse the defendant's conviction and remand...

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