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UNITED STATES v. CHEVOOR

No. 75-1144.

526 F.2d 178 (1975)

UNITED STATES of America, Appellant, v. Robert CHEVOOR, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided December 3, 1975.

Certiorari Denied April 19, 1976.

Attorney(s) appearing for the Case

James A. Hunolt, Atty., U.S. Dept. of Justice, with whom James N. Gabriel, U.S. Atty., Martin D. Boudreau, Sp. Atty., U.S. Dept. of Justice, and Shirley Baccus-Lobel, Atty., U.S. Dept. of Justice, were on brief, for appellant.

Jeffrey M. Smith, Boston, Mass., with whom Paul T. Smith and Harvey R. Peters, Boston, Mass., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, McENTEE, Circuit Judge, and THOMSEN, Senior District Judge.

COFFIN, Chief Judge.

Robert Chevoor was indicted under 18 U.S.C. § 1623 for knowingly making false declarations to a federal grand jury. The district court, finding fundamental unfairness in the totality of the circumstances surrounding Chevoor's grand jury appearance, suppressed the grand jury transcript and dismissed the indictment. 392 F.Supp. 436 (D.Mass. 1975).

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