Franklin R. Masiello v. United States

BURGER, Circuit Judge.

On an earlier appeal from conviction we remanded for the limited purpose of having the District Court re-examine a motion to suppress evidence on the narrow issue whether the search warrant was executed in compliance with 18 U.S.C. § 3109 and to make findings for possible review if the motion was denied. We expressly provided that any appeal from denial of the reconsidered motion to suppress “would be restricted to questions related to the determination which we now require.” 1

Upon remand the District Court held new hearings on the motion to suppress. Appellant tendered…