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UNITED STATES v. TRULLO

No. 85-1708.

790 F.2d 205 (1986)

UNITED STATES of America, Appellant, v. John F. TRULLO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 14, 1986.

Attorney(s) appearing for the Case

Ralph C. Martin, II, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellant.

Owen S. Walker, Federal Defender Office, Boston, Mass., for defendant, appellee.

Before CAMPBELL, Chief Judge, ALDRICH and COFFIN, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

In this prosecution for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1), the government appeals, pursuant to 18 U.S.C. § 3731, from the pretrial grant of defendant's motion to suppress certain packets of cocaine found in a tin which deceptively appeared to be a can of Pennzoil. The facts are these. Defendant was arrested when driving with a concealed weapon on his person and his automobile was...

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