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U.S. v. STEWART

No. 02-1938.

337 F.3d 103 (2003)

UNITED STATES of America, Appellee, v. John B. STEWART, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 29, 2003.

Attorney(s) appearing for the Case

Bruce M. Merrill, for appellant.

F. Mark Terison, Senior Litigation Counsel, with whom Paula D. Silsby, United States Attorney, was on brief for appellee.

Before LYNCH, Circuit Judge, COFFIN and PORFILIO, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

Appellant John B. Stewart entered a conditional guilty plea to a cocaine distribution charge after the district court denied his motion to suppress physical evidence seized from his home pursuant to a warrant. The district court concluded that the state law enforcement agents who secured the warrant recklessly left out of their affidavit negative facts about two confidential informants, but that probable cause to support issuance of the...

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