UNITED STATES v. FREEMAN

No. 24468.

426 F.2d 1351 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis Robert FREEMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1970.


Attorney(s) appearing for the Case

Joseph M. Geden, (argued), Asst. U. S. Atty., Duane K. Craske, U. S. Atty., Benjamin H. Kelly, Asst. U. S. Atty., District of Guam, Agana, Guam, for appellant.

Stephen M. Okano, Honolulu, Hawaii, Trapp, Gayle & Benson of Agana, Guam, for appellee.

Before JERTBERG, BROWNING and HUFSTEDLER, Circuit Judges.


JERTBERG, Circuit Judge:

Appellant, United States of America, appeals from an order of the district court suppressing the use in evidence against the defendant in any criminal proceedings of two marihuana plants which the defendant claimed had been wrongfully confiscated and seized.

This court's jurisdiction to hear this interlocutory appeal is based upon 18 U.S.C. § 3731 and 28 U.S.C. § 1294.

The evidence developed at the evidentiary hearing...

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