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U.S. v. BELTRAN

No. 90-1307.

917 F.2d 641 (1990)

UNITED STATES of America, Appellant, v. Maria BELTRAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 26, 1990.

Attorney(s) appearing for the Case

Patrick M. Walsh, Asst. U.S. Atty., with whom Jeffrey R. Howard, U.S. Atty., Concord, N.H., was on brief, for appellant.

Wilbur A. Glahn, III, by appointment of the Court, with whom McLane, Graf, Raulerson & Middleton, P.A., Manchester, N.H., was on brief, for defendant, appellee, Maria Beltran.

Before BREYER, Chief Judge, VAN GRAAFEILAND, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

The government appeals from a district court order suppressing evidence that the government wishes to use in its prosecution of Maria Beltran for drug crimes. See 18 U.S.C. § 3731. The government's most important argument concerns cocaine that police seized at Maria Beltran's apartment at about 11 p.m. on October 24, 1989. Although the police had a search warrant permitting the seizure, the district court found that the warrant rested...

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