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U.S. v. SICILIANO

No. 08-1745.

578 F.3d 61 (2009)

UNITED STATES of America, Appellant, v. Michael A. SICILIANO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 26, 2009.

Attorney(s) appearing for the Case

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

Robert M. Strasnick, with whom Andrews & Updegraph, P.C. was on brief, for appellee.

Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

After obtaining evidence that Michael Siciliano ("Siciliano") had ordered chemicals used in the manufacture of Methylenedioxymethamphetamine ("MDMA"), a controlled substance, agents from the Drug Enforcement Agency ("DEA") began an investigation. While interviewing Siciliano in his residence with his consent, a DEA agent, along with other law enforcement officers, conducted a protective sweep of the apartment. During the sweep, officers observed...

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