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U.S. v. SEGOVIA

No. 1531, Docket 86-1145.

800 F.2d 39 (1986)

UNITED STATES of America, Appellee, v. Nelson SEGOVIA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 27, 1986.

Attorney(s) appearing for the Case

Russell J. Carbone, Kew Gardens, N.Y. (Mario Malerba, of counsel), for appellant.

Gregory O'Connell, Brooklyn, N.Y., Asst. U.S. Atty. for the E.D.N.Y. (Andrew J. Maloney, U.S. Atty. for the E.D.N.Y., Jane Simkin Smith, Asst. U.S. Atty., of counsel), for appellee.

Before GEORGE C. PRATT, MINER, Circuit Judges, and RE, Chief Judge of the Court of International Trade, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Nelson Segovia appeals from a judgment of conviction for conspiracy to possess with intent to distribute, and for possession with intent to distribute, cocaine hydrochloride. Segovia alleges that the district court should have suppressed physical evidence seized from his apartment because the search warrant issued upon oral testimony pursuant to Fed.R.Crim.P. 41(c)(2) was improperly granted, and because restrictions contained in that...

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