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UNITED STATES v. OLOF

No. 73-1078.

527 F.2d 752 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. David Marshall OLOF, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 31, 1975.

Attorney(s) appearing for the Case

James M. McCabe (argued), Deutsch, Parziale & McCabe, San Diego, Cal., for defendant-appellant.

E. MacAmos, Jr., Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before BROWNING and ELY, Circuit Judges, and SOLOMON, District Judge.

OPINION

PER CURIAM:

We reversed appellant's conviction on the ground that evidence admitted at his trial was obtained in a search in violation of the rule of Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973). The Supreme Court later held the rule of Almeida-Sanchez was to be applied prospectively only. United States v. Peltier, 422 U.S. 531

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