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UNITED STATES v. WILSON

No. 72-1907.

472 F.2d 901 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Gary LaVaughn WILSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 12, 1973.

Attorney(s) appearing for the Case

Garvin Lee Oliver, Atty. (argued), Robert Keuch, Atty., A. William Olson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., William C. Smitherman, U. S. Atty., Ann Bowen, Asst. U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Percy L. Julian, Jr. (argued), Madison, Wis., Robert Hirsch, of Messing, Hirsch & Franklin, Tucson, Ariz., for defendant-appellee.

Before CHOY and GOODWIN, Circuit Judges, and JAMESON, District Judge.

ALFRED T. GOODWIN, Circuit Judge:

The United States appeals from an order suppressing certain explosive devices held by the government as evidence in a pending prosecution for violation of 18 U.S.C. § 371 (conspiracy) and 26 U.S.C. § 5861(d) (unlawful possession of firearms).

Wilson was a tenant in an apartment owned by one Schwark. Wilson paid his rent on a weekly basis, but with indifferent punctuality. On Monday February 15, 1971, when Wilson...

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