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U.S. v. FLEMMI

No. 00-1968.

245 F.3d 24 (2001)

UNITED STATES of America, Appellant, v. Stephen J. FLEMMI, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 2001.

Attorney(s) appearing for the Case

Elizabeth D. Collery, Attorney, United States Dep't of Justice, with whom Donald K. Stern, United States Attorney, Fred M. Wyshak, Jr., Brian T. Kelly, and James D. Herbert, Assistant United States Attorneys, were on brief, for appellant.

Kimberly Homan, with whom Sheketoff & Homan, Kenneth J. Fishman, and Fishman, Ankner & Horstmann were on brief, for appellee.

Before SELYA, LYNCH and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

Stephen J. Flemmi, one of Boston's most notorious gangsters, served surreptitiously as an informant for the Federal Bureau of Investigation (FBI). In the end, however, there was a falling-out and the government indicted him. This appeal, brought pursuant to 18 U.S.C. § 3731 (a statute that allows the United States, before trial, to appeal orders "suppressing or excluding evidence"), follows on the heels of a district court order barring...

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