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United States Court of Appeals
For the First Circuit

No. 05-2034

UNITED STATES OF AMERICA,
Appellant,
v.
RUDY FRABIZIO,
Defendant, Appellee.

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nancy Gertner, U.S. District Judge]

Before

Torruella, Lynch, and Howard,
Circuit Judges.

           Dana M. Gershengorn, Assistant United States Attorney, with
whom Seth P. Berman, Assistant United States Attorney, and Michael
J. Sullivan, United States Attorney, were on brief, for appellant.
           Miriam Conrad, with whom Federal Defender Office was on brief,
for appellee.

August 16, 2006

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