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U.S. v. BERKE

No. 90-2755.

930 F.2d 1219 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Alvin BERKE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 23, 1991.

Rehearing Denied May 22, 1991.

Attorney(s) appearing for the Case

Diane L. Saltoun and Barry R. Elden, Asst. U.S. Attys., Office of the United States Attorney, Chicago, Ill., for plaintiff-appellee.

Stephen J. Finta, Fort Lauderdale, Fla., for defendant-appellant.

Before RIPPLE, and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

Defendant-appellant Alvin Berke was charged in a two-count indictment with possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and conspiracy with intent to distribute cocaine in violation of 21 U.S.C. § 846. Prior to a bench trial, Mr. Berke moved to suppress evidence. He contended that the cocaine was discovered by law enforcement officials as the result of...

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