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U.S. v. LOAISIGA

No. 96-1403.

104 F.3d 484 (1997)

UNITED STATES of America, Appellant, v. Donald Jesus LOAISIGA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 15, 1997.

Attorney(s) appearing for the Case

Jacqueline Ross, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, and Robert E. Richardson, Assistant United States Attorney, were on briefs, for U.S.

Jeffrey M. Smith, by Appointment of the Court, with whom Peters, Smith & Moscardelli was on brief, Boston, MA, for appellee.

Before CYR and BOUDIN, Circuit Judges, and PONSOR, District Judge.

BOUDIN, Circuit Judge.

Donald Loaisiga was indicted for reentering the United States after having been deported. 8 U.S.C. § 1326. Prior to trial, the district court granted Loaisiga's motion to suppress evidence of his prior deportation, an essential element of the offense, on the ground that the deportation hearing was fundamentally flawed. The government now appeals in advance of trial, as permitted by 18 U.S.C. &...

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