United States v. Bomano

GIGNOUX, District Judge.

Defendants Anthony DiPietro, Frank Romano and Samuel Rosencranz were convicted, following a jury verdict, of various offenses relating to the operation of an illicit still.1 On appeal, their convictions were reversed on the ground that evidence introduced at the trial had been obtained as the result of an unlawful search of a truck owned and operated by a co-defendant. Rosencranz v. United States, 334 F.2d 738 (1st Cir. 1964). There are now before the Court defendants’ motions under Fed.R.Crim.P„ 41(e),2 3 filed subsequent to the remand of the proceedings to this…