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U.S. v. D'ANDREA

Nos. 08-2455, 09-1018.

648 F.3d 1 (2011)

UNITED STATES of America, Appellee, v. Kendra D'ANDREA and Willie Jordan, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Judith H. Mizner , with whom Behzad Mirhashem and Federal Defender Office, District of Massachusetts were on brief, for appellant Kendra D'Andrea.

Terrance J. McCarthy , for appellant Willie Jordan.

J. Cam Barker , Criminal Division, Appellate Section, with whom Carmen M. Ortiz , United States Attorney, Lanny A. Breuer , Assistant Attorney General, Criminal Division, and Greg D. Andres , Deputy Assistant Attorney General, Criminal Division, were on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and Smith, District Judge.

SMITH, District Judge.

Defendants-appellants Kendra D'Andrea and Willie Jordan separately appeal their convictions following conditional guilty pleas. For the reasons set forth below, we hold that the district court erred in denying defendants' motions to suppress without an evidentiary hearing, vacate the judgments, and remand for an evidentiary hearing on the suppression motions.

I. The Facts

The following facts are essentially undisputed except...

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