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U.S. v. RUSSELL

No. 90-1333.

919 F.2d 795 (1990)

UNITED STATES, Appellant, v. Robert W. RUSSELL and Kevin M. Russell, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Stephen A. Higginson, Asst. U.S. Atty., Washington, D.C., with whom Wayne A. Budd, U.S. Atty., and Martin F. Murphy, Asst. U.S. Atty., Boston, Mass., were on brief, for appellant.

Maurice R. Flynn, III, Boston, Mass., by appointment of the Court, for defendant, appellee, Robert W. Russell.

John C. Doherty, Andover, Mass., on brief, for defendant, appellee, Kevin M. Russell.

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

VAN GRAAFEILAND, Circuit Judge.

The Government appeals from a pretrial suppression order of the United States District Court for the District of Massachusetts. For the reasons that follow, we reverse.

On November 6, 1989 Robert Russell and his brother, Kevin Russell, both of whom were convicted felons, were indicted by a federal grand jury for possessing firearms in violation of 18 U.S.C. § 922(g). Count I of the four count indictment charged both defendants...

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