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U.S. v. DAPOLITO

No. 12-2023.

713 F.3d 141 (2013)

UNITED STATES, Appellant, v. Anthony DAPOLITO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 11, 2013.

Attorney(s) appearing for the Case

Margaret D. McGaughey , Assistant U.S. Attorney, with whom Thomas E. Delahanty II , United States Attorney, was on brief, for appellant.

David Beneman , Federal Defender, for appellee.

Before LYNCH, Chief Judge, HOWARD, Circuit Judge, and CASPER, District Judge.

LYNCH, Chief Judge.

This is an appeal by the government from the district court's grant of defendant Anthony Dapolito's motion to suppress evidence (a firearm) as the fruits of an unconstitutional detention. United States v. Dapolito, No. 2:12-cr-00045-NT, 2012 WL 3612602 (D.Me. Aug. 21, 2012).

The prosecution does not challenge on appeal the district court's findings of historical fact. Rather, it argues that the district court committed three legal...

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