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U.S. v. FEMIA

Nos. 93-1276, 93-1576.

9 F.3d 990 (1993)

UNITED STATES of America, Appellant, v. Noel FEMIA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 18, 1993.

Attorney(s) appearing for the Case

Paula J. De Giacomo, Asst. U.S. Atty., with whom A. John Pappalardo, U.S. Atty., and Heidi E. Brieger, Asst. U.S. Atty., were on brief for appellant.

James E. Carroll, by Appointment of the Court, with whom John J. O'Connor and Peabody & Arnold, were on brief for defendant, appellee.

Before TORRUELLA and STAHL, Circuit Judges, and DiCLERICO, Jr., District Judge.

TORRUELLA, Circuit Judge.

The government appeals from a district court pretrial order suppressing the testimony of its central witness in the prosecution of defendant-appellee Noel Femia for various drug crimes. We have jurisdiction under 18 U.S.C. § 3731. The district court suppressed the testimony in order to remedy a perceived violation of Femia's due process rights, resulting from the government's allegedly grossly negligent destruction of tape recordings...

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