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UNITED STATES v. RAFTERY

No. 75-2021.

534 F.2d 854 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. John Joseph RAFTERY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 7, 1976.

Attorney(s) appearing for the Case

Frank H. Easterbrook, Asst. Solicitor (argued), Washington, D. C., for plaintiff-appellant.

James F. Collins (argued), San Diego, Cal., for defendant-appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied June 7, 1976.

OPINION

JAMESON, District Judge:

Appellee, John Joseph Raftery, was charged in an indictment with perjury before a grand jury in violation of 18 U.S.C. § 1623. The district court denied his motion to dismiss the indictment, but granted his motion to suppress evidence seized in a prior criminal prosecution in state court. The Government has appealed from the suppression order. The indictment...

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