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UNITED STATES v. MARTIN

Nos. 75-2092, 76-1224.

562 F.2d 673 (1977)

UNITED STATES of America v. Judy E. MARTIN, Appellant. UNITED STATES of America v. Jerome K. JONES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1977.

Rehearing Denied September 14, 1977.

Attorney(s) appearing for the Case

Gary Howard Simpson, Bethesda, Md. (appointed by this Court), for appellant in No. 76-1224 also argued for appellant in No. 75-2092.

Richard H. Saltsman, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty, John A. Terry and Roger M. Adelman, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Leroy Nesbitt, Washington, D.C. (appointed by this Court), was on the brief for appellant in No. 75-2092.

Before BAZELON, Chief Judge, and TAMM and ROBB, Circuit Judges.

Opinion for the Court filed by Chief Judge BAZELON.

BAZELON, Chief Judge:

Appellants were convicted by a jury of transporting, receiving, and possessing firearms in violation of various federal and District of Columbia statutes. They appeal, contending that certain evidence obtained through a warrantless search of a suitcase should have been suppressed. We agree that this evidence was improperly obtained, and we conclude that the district court's failure to...

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