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U.S. v. PALEO

Nos. 90-1598, 90-1774.

967 F.2d 7 (1992)

UNITED STATES, Appellee, v. Robert PALEO, Defendant, Appellant. UNITED STATES, Appellant, v. Robert P. PALEO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 15, 1992.

Memorandum and Order on Denial of Rehearing August 18, 1992.

Attorney(s) appearing for the Case

Mark G. Miliotis, by appointment of the Court, with whom Miliotis & McQuade, Boston, Mass., was on brief for defendant-appellant.

Carole S. Schwartz, Sp. Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief for appellee.

Before BREYER, Chief Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BREYER, Chief Judge.

Robert Paleo entered a guilty plea to a charge of unlawful gun possession. 18 U.S.C. § 922(g)(1) (forbidding previously convicted felons from possessing firearms). The district court sentenced him to a prison term of twenty-one months, 738 F.Supp. 611. Both sides appeal.

Paleo claims that the court should have granted his motion to suppress (on constitutional grounds) the government's most important...

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