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UNITED STATES v. OUTLAND

No. 72-1930.

476 F.2d 581 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Leslie Hugh OUTLAND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 12, 1973.

Attorney(s) appearing for the Case

Robert P. Hurlbert, Asst. U. S. Atty., for plaintiff-appellant; Ralph B. Guy, Jr., U. S. Atty., Detroit, Mich., on brief.

Richard M. Lustig (Court appointed), Zemke & Lustig, P. C., Southfield, Mich., for defendant-appellee.

Before PHILLIPS, Chief Judge, MILLER, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

The Government appeals from the District Court's suppression of evidence seized under two search warrants. The facts of the case are detailed in the District Court's opinion. 345 F.Supp. 1250 (E.D.Mich. 1972). For the herein stated reasons, we reverse and remand for an evidentiary hearing.

The District Court suppressed the evidence for two reasons: (1) postal and customs authorities waited 85 days after seizing...

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