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U.S. v. ROBERTS

No. 92-1341.

978 F.2d 17 (1992)

UNITED STATES of America, Appellant, v. Leslie ROBERTS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 26, 1992.

Attorney(s) appearing for the Case

Margaret D. McGaughey, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., and Jonathan A. Toof, Asst. U.S. Atty., Portland, Me., were on brief, for appellant.

Richard S. Emerson, Jr., with whom Childs, Emerson, Rundlett, Fifield & Childs, Portland, Me., was on brief, for appellee.

Before BREYER, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

SELYA, Circuit Judge.

The government appeals from an order entered in the United States District Court for the District of Maine granting, and sustaining upon reconsideration, the defendant's motion to suppress evidence. That order was entered not on the merits, but by reason of the government's failure to file a timely response to the defendant's suppression motion. We vacate the order and remand with directions to hear and determine the suppression motion.

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