U.S. v. MINER

No. 403, Docket 91-1384.

956 F.2d 397 (1992)

UNITED STATES of America, Appellant, v. Thomas E. MINER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 13, 1992.


Attorney(s) appearing for the Case

John C. Charbonneau, Asst. U.S. Atty., Burlington, Vt. (George J. Terwilliger, III, U.S. Atty., Charles A. Caruso, First Asst. U.S. Atty., David V. Kirby, Chief, Crim. Div., William B. Darrow, Asst. U.S. Atty., of counsel), for appellant.

Thomas A. Zonay, Rutland, Vt. (John J. Kennelly, Carroll, George & Pratt, of counsel), for defendant-appellee.

Before VAN GRAAFEILAND, NEWMAN and WINTER, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

The government appeals from two orders of the United States District Court for the District of Vermont (Billings, C.J.), the first of which granted Thomas E. Miner's motion to suppress evidence and the second of which denied the government's motion for reconsideration. We reverse.

On March 30, 1990, at 5:46 p.m., Miner telephoned the Brattleboro barracks of the Vermont State Police, reported that his pickup truck had been vandalized...

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