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U.S. v. PONCE

No. 26, Docket 91-1140.

947 F.2d 646 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Gerardo I. PONCE, Juan C. Gonzalez-Calas and Hipolito Reyes-Cotto, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 23, 1991.

Attorney(s) appearing for the Case

Elliot H. Fuld, Bronx, N.Y. (Goldstein, Weinstein & Fuld, David J. Goldstein, of counsel), for defendant-appellee Ponce.

Robert G. Walsh, Blasdell, N.Y. (Walsh & Sampson, P.C., of counsel), for defendant-appellee Gonzalez-Calas.

John Patrick Pieri, Buffalo, N.Y. (Condon & Pieri, P.C., of counsel), for defendant-appellee Reyes-Cotto.

Susan M. Barbour, Buffalo, N.Y., Asst. U.S. Atty., W.D.N.Y. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., of counsel), for plaintiff-appellant.

Before OAKES, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

FEINBERG, Circuit Judge:

This is an interlocutory appeal by the government from an order of the United States District Court for the Western District of New York, John T. Curtin, J., granting the motion of defendants Gerardo I. Ponce, Juan C. Gonzalez-Calas and Hipolito Reyes-Cotto for suppression of evidence seized during the search of a vehicle pursuant to a search warrant. For the reasons set forth below, we reverse and remand for further proceedings.

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