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UNITED STATES v. WILSON

No. 22221.

392 F.2d 979 (1968)

UNITED STATES of America, Appellant, v. Edward Ellsworth WILSON, Appellee.

United States Court of Appeals Ninth Circuit.

May 2, 1968.

Attorney(s) appearing for the Case

Joseph A. Milchen (argued), Asst. U. S. Atty., Edward L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellant.

John Hart Ely (argued), San Diego, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

This is an appeal by the government from an order made by the district court under Rule 41(e) and 57(b), Fed.R.Crim. P., after a hearing which suppressed certain physical evidence, i. e., marijuana. Appellee had been indicted for a violation of 21 U.S.C. § 176a, and had pleaded not guilty. Jurisdiction here rests on 18 U.S.C. § 1404 and 28 U.S.C. § 1294.

An appeal from another portion of the district court order was neither waived...

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