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UNITED STATES v. RAHN

No. 74-1324.

511 F.2d 290 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin D. RAHN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 28, 1975.

Rehearing Denied March 25, 1975.

Attorney(s) appearing for the Case

Robert A. Wagner, Denver, Colo. (Marshall A. Fogel, Denver, Colo., on the brief), for defendant-appellant.

J. Terry Wiggins, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), Denver, Colo., for plaintiff-appellee.

Before BREITENSTEIN, HILL and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This is a direct appeal from a conviction for violations of 18 U.S.C. §§ 641 and 2.1

The issues presented in this appeal involve only the denial of suppression of evidence due to an allegedly unlawful search and seizure.

On July 10, 1973, Inspector Neal of the Alcohol, Tobacco & Firearms Bureau (ATF), Office of Inspection, submitted an Affidavit for Search Warrant to a United States Magistrate...

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