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UNITED STATES v. SIRRS

No. 25888.

434 F.2d 1026 (1970)

UNITED STATES of America, Appellant, v. Thomas Van SIRRS, Appellee.

United States Court of Appeals, Ninth Circuit.

November 20, 1970.

Attorney(s) appearing for the Case

Robert A. Belluomini (argued), San Francisco, Cal., for appellant.

D. Richard Hammersley (argued), Sp. Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Tommy Hawk, Asst. U. S. Atty., Portland, Or., for appellee.

Before BARNES, BROWNING, and TRASK, Circuit Judges.

PER CURIAM:

Appellant, convicted on two counts of possessing (21 U.S.C. § 331(q) (3)), and manufacturing (21 U.S.C. § 331(q) (1)) methamphetamine, raised three alleged errors. The first two were that the affidavit upon which the search warrant was based was insufficient to provide probable cause for the issuance of the warrant under the holding of Spinelli v. United States (1969) 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637...

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