UNITED STATES v. GOODING

Nos. 71-1669, 71-1945.

477 F.2d 428 (1973)

UNITED STATES of America, Appellant, v. Lonnie GOODING, Appellee. UNITED STATES of America, Appellant, v. Leon F. BARNETT, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1973.

Rehearing Denied May 11, 1973.


Attorney(s) appearing for the Case

Guy H. Cunningham, III, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and Gregory C. Brady, Asst. U. S. Attys., were on the brief, for appellant. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellant. Kenneth Michael Robinson, Washington, D. C., entered an appearance for appellant in No. 71-1945.

Herbert A. Rosenthal, Jr., Washington D. C. (appointed by this Court), for appellee in No. 71-1669.

James A. Treanor, III, Washington, D. C., with whom Suzanne Meyer, Washington, D. C. (both appointed by this Court), was on the brief for appellee in No. 71-1945.

Before FAHY, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge:

These cases arise on appeal by the United States from orders of the District Court suppressing certain evidence for use at trial on indictments for violations of the federal narcotics laws.1 The orders of the District Court rested on the view that the evidence was seized at night pursuant to warrants which failed to meet the statutory prerequisites for nighttime execution...

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