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U.S. v. BOSSE

No. 88-1185.

898 F.2d 113 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. James David BOSSE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed August 10, 1989.

Memorandum Withdrawn March 19, 1990.

Decided March 26, 1990.

As Amended on Denial of Rehearing June 15, 1990.

Attorney(s) appearing for the Case

Joel R. Levin, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellant.

Geoffrey T. Carr, Rockhill, Schaiman and Carr, Redwood City, Cal., for defendant-appellee.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

PER CURIAM:

A jury convicted Bosse of unlawfully possessing a sawed-off shotgun in violation of 26 U.S.C. § 5861(d). Bosse moved for a new trial and to suppress the shotgun after newly discovered evidence revealed an earlier illegal entry may have tainted the warrant that authorized the search that disclosed the shotgun. The district court agreed and set aside the judgment, granted the motion for a new trial and granted the motion to suppress. We vacate the suppression...

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