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U.S. v. DECICCO

No. 03-1686.

370 F.3d 206 (2004)

UNITED STATES of America, Appellant, v. Gary P. DECICCO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 7, 2004.

Attorney(s) appearing for the Case

Robert E. Richardson, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Kimberly Homan, with whom Joseph S. Oteri and Oteri & Lawson, P.C., were on brief, for appellee.

Before TORRUELLA, Circuit Judge, LOURIE, Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

The government appeals from a pair of orders excluding evidence in the prosecution of Gary P. DeCicco ("DeCicco"). The government indicted DeCicco for four counts of violating 18 U.S.C. § 1341 and two counts of violating 18 U.S.C. §§ 844(h)(1) and (2). The district court excluded evidence related to prior bad acts by DeCicco. After careful review, we reverse.

I. Factual Background

DeCicco...

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